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Home My WebLink About20210564 Weibel Plaza PUD Zoning Amendment Full Application-Commercial PUD Amendment ��l��l ��p�p��.�� .�� lb�� J��.��. ��.� ��7� �� °°e°°°°°eee°°e°°°°°ee°°e°°°°°°ee°°e°°°°°eee°ee°°°°°ee°°e°°e C�� F �� C�� C�� 11��11V1I��r�l� ��9 �� °°°°°°°°°°°°°°°e°°°°°°°°°°°e°°°°°°°°e°°°°°°°°°°e°°°°°°°°°°e ��11��1 ]��o �� lY1Ia ��rr��9 ]��o ��e� ��e�� `Y�� Te� �'�� 1�� _�� C�� Exhibit A Application Exhibit B Narrative of PUD Amendment Application Exhibit C Proposed PUD Legislation Exhibit D Short Environmental Assessment Form Exhibit E Location Map *'�HANDWRITTEN APPLICATIONS WILL NOT 8E ACC�PTED** �FpROFFICE USE� ��G� S,o (Application# ��_� � CITY OF SARATOGA SPRINGS � e ��. �; ��n ;_, -� CITY COUNCIL � �t ��T f CITY HALL-474�ROAQWAY j (Date received) f"�:,,:.r .: e�,� SARATOGA SPR�NGS, NEW YORK'[2866-2296 �'��°R�oRpT�fl �a�`' TEL: 518-587-3550 X2533 www_saratoga-springs.org (Praject�itle} PETITION FOR: ZONING I�MENDMENT CheckifPHRequired � Staff Review �. Na171e Of f etIt10C1e1': Baruch Aronson 2_ Type of Amendment (Map or Text): ❑ Map Amendmen#: Site Location: Tax Parcel #: Current Zoning: Proposed Zoning: Reason for amendment: ❑■ Text Amendment: SeC�lOfl t0 b2 al1'IefIC�Bd: Appendix C:5 Weibel Plaza Commerical PUD Section XI and Use Schedule for Commercial District Proposed warding of texf amendment {attach additional sheets if necessary): See a[tacE�ed Reason for arpBn�Jrpgnt:5ee attached 3. Professional Representing Applicant(if any): Na�pe: ,lustin M.Grassi,Esq P h On e: 518-587-0D80 f�ddl'eSS: 68 West Avenue Saratoga 5prings NY 12866 �fTlal�: 1Jrassi@saratogalaw.com Identify pr�mary contact person: ❑ Applicant ❑ Owner 8 Agent 4. Does any City officer, employee or family member thereaf ha�e a fiinancial interest(as defined by General Municipal Law 5ection 809) ir�this application?YES NO x . 1F YES, a statement disclosing the name, residence, nature and extent of this interest must be filed with this application. Please check the following to affirm information is included with suE�mission_ City of Saratoga Springs Revised�/�02J. Application forZoning Amendment p.1 of 2 ❑■ En�iror�mental Assessment Form -Afl p�titions must include a complefed SEQR Short o� Long Forrn. SEQR#orms can be completed at http:l/www.d�c.ny.govlpermits161,91.html. DAPPLICATION F�E {NON-REFUNDABLE)*�: Make cl�ecks payable to the "Commissione�of Finance". **Refer to the current Fee Schedule for fhe Planning Deparfinent publishe�d on the city's uvebsite. �Submit 10 co�s,_and_qne electronic coloy {PDF) of complete petition and all attachments. ❑Locatian map (Map Amendrnent}: Subrnit (4) large scale 24" x 36", and {10) 11"x17" copies. All completed petitions are#a be submitted to the Office of the Mayor for consideration. f, the undersigned owner or purchaser under contract for the property, hereby request zoning amendment approval by the City Council for the abo�e petition. I agree to meet all requirements under Section 240-10_0 of the Zoning Ordinance for the City of Saratoga Springs. Furthermore, I hereby authorize members of the City Council, Planning Board and designated City staff to enter the property associated with this petition for purposes of conducting ar�y necessary site inspections relating to this petition. Applicant Signature: � ..,,._ Date:5.i2.2o2� Narpe: Baruch Aronson � � Ph0lle:aa58280696 Addf�SS: 7 Hana Lane,Monsey,NY 1Q952 E-fl'lall:�n@propupgroup.com If ap�licant is not currently the owner, the owner must sign. Owner Signature: Date: Print Name: City af Saratoga Springs p.2 of 2 Application for Zoning Amendment Supplemental Application Narrative for Weibel Plaza Commercial Planned Unit Development Zoning Text Amendment Parcel History Please allow this submission to serve as a supplement and amendment to the current application for a zoning text amendment which was submitted to the City Council on May 14, 2021, amending the Weibel Plaza Commercial Planned Unit Development(the "PUD") which was adopted on March 16, 1992, subsequently amended on July 22, 1998 and appears at Chapter 240 Appendix C of the Saratoga Springs Zoning Ordinance. The application arises as a result of a provision in the legislation which sets an expiration of the PUD zoning if final site plan approval for a building is not granted on or before July l, 2012. This expiration specifically applies to the"Zone B" of the PUD, which constitutes the 16 � acre parcel known as Weibel Ave Rear with Tax Map ID number 153.-1-18 (the "Parcel"), owned by Baruch Aronson, the Applicant. The Parcel is currently vacant, having no final site plan approval granted to-date, and as a result the PUD legislation mandates the zoning for this site is to revert to the zoning district in existence for the site at the time of legislation, RR-1, which no longer exists. As the underlying zone does not exist in the current Saratoga Springs Zoning Ordinance this "sunset provision", if implemented, would result in a zoning map error and render the Parcel with no controlling legislation concerning permitted uses and area and bulk standards. The purpose of the application is to rectify this zoning issue and amend the permitted use schedule to include warehouse related operations, marijuana dispensary and marijuana growing/processing as uses permitted with City of Saratoga Springs Planning Board site plan approval. This current supplement to the application is intended to respond to some of the comments and clarifications raised by the Saratoga County Planning Board and Saratoga Springs Planning Board during their initial review and recommendation to the City Council, together 1 with incorporating additional site plan permitted uses believed to be appropriate for and harmonious with this zoning area, and in high demand. Zoning Text Amendment Descri�tion The Applicant proposes the following amendments: • Amending Section III of the PUD, entitled Boundary, to reflect the seven updated tax map parcels which are subject to the PUD area. • Amending Section VI of the PUD, entitled Uses and Characteristics, to strike the limitation of the maximum commercial space in Zone B of the PUD described as"office space and hotel" to reflect a general maximum square foot limitation on all proposed commercial space. • Further amending Section VI of the PUD, entitled Uses and Characteristics, to require consideration by the Saratoga Springs Planning Board, during site plan review, of certain design standards to fulfill the intent of the community mixed-use comprehensive plan designation similar to those found in the transect zones in the City. • Amending Section XI of the PUD, entitled Expirations, such that the "Planned unit development zoning approval shall expire if final PUD site plan approval for the first building in Zone B is not granted on or before July 1, 2035", an extension from the current July l, 2012 expiration. By making this amendment, the PUD legislation will no longer act to revert the Parcel to a zoning district which no longer exists within the Saratoga Springs Zoning Ordinance. In addition, the Saratoga Springs Zoning Map will continue to accurately reflect that this Parcel is zoned as a PUD. 2 V:�IVIAIN FILES�PropUp Group\Wiebel Ave Warehouse�PUD Amendment Application�lVlarch 2022 Submission�Project Nanative.docx • Amending the PUD Use Schedule to permit Warehouses, Distribution Plants and Wholesale Establishments, Marijuana Dispensary and Marijuana Growing/Processing upon issuance of site plan review approval from the City of Saratoga Springs Planning Board. It is believed that these uses are consistent with the currently existing 41 permitted uses in this area and would provide supplemental services that meets the needs of the surrounding business community. The addition of these uses is also consistent with the 2015 City of Saratoga Springs Comprehensive Plan designating the PUD area as part of the Community Mixed Use (CMU) area, the same designation where the Warehouse District is located in the current Zoning Ordinance. Dated: March 24, 2022 Respectfully Submitted, i� �� Justin M. Grassi Esq. Jones Steves, LLP Attorneys for Applicant 3 V:�IVIAIN FILES�PropUp Group\Wiebel Ave Warehouse�PUD Amendment Application�lVlarch 2022 Submission�Project Nanative.docx CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE Appendix C: 5. Weibel Plaza Commercial Planned Unit Development (formerly 241.5) AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT DISTRICT TO BE KNOWN AS "WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT" BE IT ORDAINED by the City Council of the City of Saratoga Springs, following a public hearing, as follows: Section I. NAME This ordinance shall be known as "WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT" and creates a Chapter 241.5 of the Zoning Ordinance of the City of Saratoga Springs, New York. Section II. AMENDMENT The Zoning Ordinance of the City of Saratoga Springs and the Zoning Map of the City of Saratoga Springs as set forth therein be and the same are hereby amended by changing the existing zoning district of Rural Residential-2, RR-2, and creating within the boundaries of said newly described area attached hereto as Appendix "A" and made a part hereof, to a Commercial Planned Unit Development District and creating within the boundaries of said described area a commercial planned unit development to be known and described for purposes of this legislation as "Weibel Plaza Commercial Planned Unit Development." Section III. BOUNDARY The acreage involved in the Weibel Plaza Commercial Planned Unit Development is 39.12+ acres and it is bounded and described in Appendix "A" attached hereto. The area is located on the City of Saratoga Springs northerly boundary with the Town of Wilton, and is situated on the southwest corner of the intersection of Weibel Avenue and Louden Road in the City of Saratoga Springs, Saratoga County, New York. The +h�seven parcels involved in the site are listed on the City of Saratoga Springs Outside Tax District Map as Section 153, Block 1, Lot 4.1 , Section 153.19, Block 2, Lot 23, Section 153, Block 1, Lot�20.1 , Section 153, Block 1 , Lot 20.2, Section 153, Block 1 , Lot 21 .1 , Section 153, Block 1, Lot 21.2, and Section153, Block 1, Lot 18. Section IV. SKETCH PLAN The "Sketch Plan" for the development is attached hereto, marked Appendix "B", and made a part hereof. Appendix "B" shall be used by the City and the developer as a general guideline for the overall development of the site. This plan may be changed, altered or amended pursuant to Section 240-3.13(f) of the Zoning Ordinance of the vi.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 1 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE City of Saratoga Springs. A sepia mylar of the final approved sketch plan shall be filed with the City Planning Board and the City Clerk. A copy shall be filed with the City Building Inspector. Section V. PURPOSE It is the purpose of this ordinance to provide for the means of development of a mixed use commercial center in an area containing substantial established commercial development. To allow this commercial center to develop, flexibility in design concepts and criterion, building size, and location must be allowed to permit marketing and utilization of this project in an economically reasonable fashion while employing good design techniques which promote a project of an acceptable visual quality while incorporating concerns for the on-site and off-site environment. Section VI. USES AND CHARACTERISTICS There shall be constructed within the boundaries of the Weibel Avenue Plaza Commercial Planned Unit District structures and improvements for commercial utilization, all permitted principal uses, accessory uses and uses permitted upon issuance of a special use permit as set forth in the Commercial-2 District as of the date of the enactment of this legislation, provided in Appendix "C". The project would be constructed as tenants are identified for use of individual buildings or a portion of a building. The project site shall have two geographic zones, A and B, as shown on the sketch plan. Each zone may be developed in more than one phase. Zone A shall be developed with a maximum of nine buildings in the eastern portion of the site. It shall contain a maximum of 300,000 square feet of commercial space. Zone B shall be developed with a maximum of three buildings in the western part of � the site. It shall contain a maximum of 200,000 square feet of^ff�no �n�,.o �n�, h„+o� commercial space. The applicant shall have the right to increase the density of use in either of the two zones by 15% provided the overall density of the planned unit development is not increased thereby. Parking which shall be provided within the site shall meet the requirements as to the number of available parking spaces, as specified in Article 240 of the Zoning Ordinance of the City of Saratoga Springs, New York, as that Ordinance exists at the time of the enactment of this legislation, provided in Appendix "C", for those uses established or to be established within this commercial planned unit development. Parking spaces located off site but within the Planned Unit Development may be utilized to satisfy the parking demand requirements for uses on another lot within the PUD. vi.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 2 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE The area and bulk standards for this planned unit development shall be as follows: minimum lot size -15,000 square feet; mean width -100 feet; maximum percent of lot to be occupied by a principal building - 30 percent; maximum percent of lot to be occupied by accessory building - 15 percent; minimum yard dimension for principal building - 30 feet for front yard along Louden Road, 40 for all other front yards, 40 feet for all side and rear yards along the exterior boundary of the PUD, 0 feet for all side and rear yards along the internal lot lines within the PUD; minimum yard dimension for parking, accessory structures and other features - 5 feet on front yards, 0 feet on side and rear yards along the internal lot lines within the PUD; maximum height of principal buildings - 60 feet; accessory building minimum distance to principal building - 10 feet; and, minimum percent of lot to be permeable - 15 percent. In addition to the above, there shall be a special 35 foot landscaped buffer along the western boundary with the "Adirondack Northway", 1-87, property. There shall not be a requirement for a 30 foot in a residential zoning district. There may be more than one principal building located on a parcel within the project site, and the placement of such buildings shall be negotiated and determined during the site plan approval process. The followinq desiqn streetscape, site and architectural desiqn elements should be considered by the Planninq Board for incorporation into Zone B development durinq site plan review to fulfill the intent of the community mixed-use comprehensive plan desiqnation: A. URBAN FORM 1 . Street networks should create blocks with a maximum perimeter of 1,400 feet. Limitinq a maximum of one curb cut per block face is stronqly encouraqed. These block perimeters may be exceeded to accommodate an internal parkinq lot or structure that is screened from public view alonq all street frontaqes. 2. All streets should connect to other streets to form a circulation network. Cul-de-sacs may be allowed only when there is no acceptable alternative due to site conditions such as waterways, wetlands, or steep slopes. 3. Shallow build-to-line and minimum frontaqe build-out requirements are intended to support pedestrian-friendly streets. 4. Buildinq fa�ades within a streetscape should aliqn with adiacent buildinqs within the required build-to area of the property. Buildinqs should be compatible with neiqhborinq buildinqs and qeneral site context. B. STREETSCAPE DESIGN 1 . Streetscape elements should include on-street parkinq, curbs, street trees, sidewalks and streetliqhts where appropriate. 2. Street trees should be spaced on averaqe 40 feet on center, dependinq on site conditions. At the time of plantinq, street trees should measure 15 to 20 feet tall, have a minimum caliper of four inches measured at a point 12 inches above the root ball, and have a minimum branchinq heiqht of eiqht feet. vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 3 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE C. ACCESS AND PARKING CONSIDERATIONS 1 . Shared parkinq or the use of public parkinq lots is encouraqed. 2. On-street parkinq alonq the adiacent frontaqe may be counted toward any parkinq requirements. 3. Surface parkinq areas should be screened by a suitable streetwall or continuous hedqe between 3.5 and 4.5 feet in heiqht and located at the middle or rear of a property. Streetwall materials should be compatible with the adiacent buildinq fa�ade. Openinqs in such streetwalls and hedqes should be no larqer than necessary to allow automobile and pedestrian access. 4. Vehicle access to parkinq and service areas should be from an alley wherever feasible. Corner lots with alley access should only access parkinq throuqh the alley. The Planninq Board may require qrantinq of cross access easements or dedication of riqht-of-way to assure appropriate block size and alley access to future development sites. 5. Off-street loadinq, service or storaqe areas should be located behind buildinqs or parkinq structures, enclosed within the principal buildinq envelope, or screened from view from the street riqht-of-way. Screeninq or landscapinq should be compatible with adiacent structures and existinq buildinq materials. 6. Overhead qaraqe doors should not be located on the front of buildinqs, but should face the side or rear of the property. If placement at the property front is unavoidable, such doors should be positioned at least 20 feet behind the plane of the principal buildinq fa�ade, and should not exceed 2 cars per qaraqe, or 10 feet per qaraqe space in width. 7. Where otherwise not required, the provision of bicycle parkinq shall be considered. D. ARCHITECTURAL DESIGN - ROOFS 1 . Roof forms may include a symmetrical pitched roof or a flat roof with a cornice. Slopes of pitched roofs should be not less than 5:12, except that porch roofs may be sheds with pitches not less than 3:12. All qables should be parallel or perpendicular to the street. 2. Recommended roof materials include black or sinqle tone asphalt shinqles, standinq seam roof or natural slate. Imitation slate and wood shinqles should be avoided. Parapet caps may be stone, concrete, or limestone. 3. Rooftop mechanical systems may exceed the maximum buildinq heiqht provided they do not exceed 25% in aqqreqate coveraqe of the roof area and are adequately screened and set back from the buildinq facade. E. ARCHITECTURAL DESIGN- FACADES 1 . The scale and proportion of buildinq facades, desiqn and materials used in new construction should complement that used in neiqhborinq buildinqs. 2. Buildinqs situated at corners should "wrap" the corner by continuinq fa�ade elements such as the cornice or other horizontal features on all street elevations. 3. Main buildinq entrances should face the street, and should be easily identifiable and scaled to the size of the street they front. 4. New facades should include base, middle and top levels and coordinate the relative heiqht of these fa�ade elements ("datum lines") with those of vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 4 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE adiacent and nearbv buildinqs. 5. Recommended fa�ade materials include common red brick (bare or ainted special masonry units (textured, colored, or painted), natural stone, or wood clapboard. The followinq should be avoided: beiqe, multi- tone, or imitation brick sidinq; bare masonry units; metal, asphalt or vinyl sidinq; and imitation stone or exterior insulation finish systems (E.I.F.S.). 6. Recommended trim materials include finish qrade, painted, or stained wood. Bare lumber qrade wood or plywood should be avoided. All signs shall comply with the regulations for commercial signs of that Ordinance that exists at the time of the enactment of this legislation, provided in Appendix "C". All other development standards, not expressly stated within this legislation, shall be those in existence at the time construction approval is sought. Section VII: INFRASTRUCTURE The completed project as developed shall be serviced by municipal water and sewer lines. Zone A of the project, as described above, shall be serviced by municipal water and an on-site sewage infiltration system. Upon the occupancy by a leasehold tenant in any component building in Zone B, the entire development shall be converted so as to be serviced solely by municipal water and sewer lines. These lines shall be installed at the cost and expense of the developer and shall be placed in rights-of- way or run through easements owned or controlled by the City of Saratoga Springs, up to the point where they enter upon the real property described in Appendix "A" attached hereto, except certain water lines within the planned unit development may have easements granted to the City. Any improvements placed in the City of Saratoga Springs right-of-way or easement shall be dedicated to and accepted by the City of Saratoga Springs or the appropriate agency. The City of Saratoga Springs shall accept the easements within the project site which contain the utility lines to be dedicated to the City of Saratoga Springs. The developer shall construct a storm water infiltration system within the site, which shall be constructed and designed utilizing the appropriate state or local design standards that exist at the time of PUD site plan review. The cost for the construction and maintenance of the storm water infiltration system shall be the developer's. All infrastructure improvements to be dedicated to the City of Saratoga Springs shall be constructed to the then existing City of Saratoga Springs standards and codes. Section VIII. OFF-SITE IMPROVEMENTS The developer shall be responsible for the following off-site improvements. A. Louden Road shall be extended so that it intersects with the westerly bounds of New York State Route 50. The construction criterion for the road shall meet all applicable state and local requirements. The roadway shall be wide enough for two travel lanes of 12 feet each in width for the western 600+ feet of the extension, and shall consist of the three travel lanes of 12 feet each in width for the eastern 560+ feet leading east from the existing McDonald's Restaurant entrance/exit up to Louden Road's intersection with the westerly boundary of Weibel Avenue. The roadway shall be completed within 18 vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 5 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE months of the issuance of the initial building permit for the first structure, and shall be dedicated to the appropriate municipal government. The road shall be built to the specifications of the appropriate municipal government, with New York State Department of Transportation approval. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. B. Appropriate striping and pavement markings shall be added to the intersection of Weibel timed to control the additional flow of traffic as directed by the appropriate highway authorities. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. C. Weibel Avenue, from the intersection of Louden Road going south to the main entrance of the site, shall be widened so that a right-hand turn lane may be added to the southbound lane of traffic on Weibel Avenue, which would permit the free flow of traffic in a northerly and southerly direction on said roadway. An appropriately designed public transit stop or turnout shall also be constructed. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. D. An additional southbound lane shall be installed north of the intersection of Weibel Avenue and Louden Road. This will permit an exclusive southbound left turn lane onto Louden Road and a shared through/right turn lane. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. E. At the intersection of Lake Avenue (Route 29) and Weibel Avenue, a westbound right turn lane shall be constructed in addition to the single westbound lane now provided. With this addition, each leg of the intersection will have two-lane approaches. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. F. The existing lane markings on Weibel Avenue northbound at the intersection of Route 50 shall be changed to allow an exclusive left turn lane and a combined left/through/right turn lane. This change can be accomplished without additional physical construction. The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. G. The developer, or its successor, shall contribute an amount not to exceed $35,000 for the design and installation of a traffic signal system at the intersection of Henning Road and Lake Avenue (Route 29). The design for these improvements shall be approved as part of the site plan approval for the first phase in Zone A. H. Municipal water services shall be supplied to the site via a 12 inch water line by utilizing an existing line, and where necessary, the construction of new sections of that line, that shall extend from the City's existing 12 inch water main on Excelsior Avenue, at a point ±700 feet east of Veteran's Way, approximately at vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 6 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE the point of the intersection of the 16 inch force main easement with Excelsior Avenue, through lands, easements, or lines owned or controlled by the City of Saratoga Springs extending in a generally easterly direction from Excelsior Avenue underneath and through the real property and right-of-way owned by the State of New York and known and designated as the "Adirondack Northway." The water supply system that runs through the City of Saratoga Springs controlled property shall be constructed in accordance with all requisite state and local standards, and shall be dedicated to the City of Saratoga Springs. The design of these improvements shall be approved as part of the site plan approval for the first phase in Zone A. I. Municipal water services shall be looped by the construction a new 12 inch line that shall extend from the planned unit development southerly along the western side of Weibel Avenue, and west of the travel lane, and westerly along Lake Avenue (Route 29) to a connection point with an existing 8 inch City water main west of the "Adirondack Northway", 1-87. This water line shall be constructed in the public right-of-ways in accordance with all requisite state and local standards, and shall be dedicated to the City of Saratoga Springs. The design of these improvements shall be approved as part of the site plan approval for the first building in Zone B. A financial security for the construction of this looped water line shall be given to the City of Saratoga Springs prior to the occupancy by a leasehold tenant in any component building in Zone A. This security shall be adjusted annually for construction costs and shall be payable to the City of Saratoga Springs on December 31, 2002, or at the time of site plan approval for the first building in Zone B, whichever is sooner, and shall be used only for the actual construction of the looped line or any portion not built at that time. J. Upon completion of any component building in Zone B, as described in Section VII above, a sanitary sewer transmission system shall be incorporated within this design and shall bring all effluent to a pump station located on Weibel Avenue which has been designed to meet the Ten State Standards and New York State Department of Environmental Conservation standards. The station shall be a pre-cast submersible pump station with a separate wet well and valve pit. The pump station shall connect to a manhole located on Excelsior Avenue by means of a force main, which shall run through the City of Saratoga Springs easement extending in a westerly direction from the site beneath the Adirondack Northway, or along another route and termination point acceptable to the City, if the construction costs are equal or less. A connection to one or more points in the Town of Wilton shall be deemed acceptable to the City of Saratoga Springs. The pump station, if required, shall be located on a parcel of land to owned by the City of Saratoga Springs which is no further than 500 feet from the project site. That pump station, if required and upon completion, shall be given to the City of Saratoga Springs or the appropriate agency. The design of these improvements shall be approved as part of the site plan approval for the first building in Zone B. K. The developer, or its successor, shall agree to a traffic monitoring plan if any vi.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 7 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE PUD site approval for any building within the project site is granted on or after July 1, 2004. In this event, new traffic counts must be taken and traffic studies completed to verify the level of traffic service then existing on all segments and intersections identified in the Sketch Plan's traffic impact study report. After reviewing such new traffic study, the City of Saratoga Springs has the right to restrict further development of the Planned Unit Development until the necessary off-site highway improvements are made. In the event that the traffic monitoring plan indicates that "Weibel Plaza PUD" has caused or contributed to a level of traffic service which necessitates off-site highway improvements, the City of Saratoga Springs will require the developer to contribute to the cost of any such off-site highway improvements deemed necessary in proportion to the degree for which "Weibel Plaza PUD" has caused or contributed thereto. Section IX. CONSTRUCTION STANDARDS All construction standards for buildings and public improvements and for utilities shall be prepared and approved by licensed architects, landscape architects, or engineers. All costs associated with this shall be borne by the developer, whether the plans are provided by the City of Saratoga Springs or by the developer. Further, all completed construction shall be certified to the City of Saratoga Springs by licensed architects, landscape architects, or engineers as being completed in the manner called for in the plans and shall be certified in accordance therewith. Section X. OWNERSHIP In the event that ownership of any of the parcels presently making up the Weibel Plaza Commercial Planned Unit Development is conveyed or transferred to any third party which is not at the time of the passage of this ordinance an owner of a portion of the real property located within the site, or a merger corporation or partnership made up in its majority by parties which are present owners of real property within this site, then the City of Saratoga Springs reserves the right to require proof of financial responsibility of the transferee in accordance with the same procedure set forth in Section 240- 3.14(A) of the Zoning Ordinance of the City of Saratoga Springs. Section XI. EXPIRATIONS Planned unit development zoning approval for this site shall expire if final PUD site plan approval for the first phase in Zone A is not granted by the Saratoga Springs Planning Board on or before July 1,1994. Planned unit development zoning approval shall expire if final PUD site plan approval for the first building in Zone B � is not granted on or before July 1, 2035�. The zoning for this site shall revert to the zoning districts in existence for this site at the time of the enactment of this legislation. Section XII. VALIDITY If any provision of this ordinance shall be held invalid, the remainder of the ordinance shall not be affected thereby. vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE S CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE Section XIII. TIME EXTENSION On good cause shown, the developer may apply for an extension of its approved site plan review, which request shall not unreasonably be denied. An application for such request shall be made to the Planning Board of the City of Saratoga Springs. Section XIV. MODIFICATION OF SITE PLAN The developer may, upon notice to the Planning Board of the City of Saratoga Springs, alter, modify, or change the number, placement and type of structures to be constructed within the site, so long as the alteration, modification and change does not result in an increase in density, based on gross square footage of occupied floor space, as set forth in Section VI. Section XV. EFFECTIVE DATE This ordinance shall take effect the day after publication is provided by the provisions of the City Charter of the City of Saratoga Springs, New York. vi.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 9 CITY OF SARAT❑GA SPRINGS Z❑NING ORDINANCE ADOPTED: March 16, 1992 AMENDMED: July 22, 1998 APPENDIX "A" LANDS TO BE IN THE "WEIBEL PLAZA PUD" (ON FILE IN THE OFFICE OF THE CITY CLERK AND THE OFFICE OF THE CITY PLANNING BOARD) APPENDIX "B" SKETCH PLAN (ON FILE IN THE OFFICE OF THE CITY CLERK AND THE OFFICE OF THE CITY PLANNING BOARD) APPENDIX "C" ZONING ORDINANCE AN MAP IN EFFECT AT TIME OF ENACTMENT OF THIS LEGISLATION (ON FILE IN THE OFFICE OF THE CITY CLERK AND THE OFFICE OF THE CITY PLANNING BOARD) APPENDIX "A" LANDS TO BE IN THE "WEIBEL PLAZA PUD" All that tract,piece,or parcel of land situate,�ing,and being in the City of Saratoga Spnngs,Saratoga County, NY,and being more particularly described as follows: Beginning at an existing 4"x 4"granite monument(Poir�A)bcated southwest of the intersection of Weibel Avenue and Louden Road L�NE BEARING f�ISTANCE AS Slf]o 2�.'S0"E 7 6Z.54 ' �� 5��f��tiE ��.8� � CO S12��2 'D6"E �3.58 ' I3E 583�4�t21"W 221.28 ' EF S53Q40'21"W �48.40 ' FG 58394fl 'Z�"W C�.2 . 00�' GH Slla4�'39'iE 295,20 ' HT S844fl9 '21"W 872 .41' I,7 N05D51 '40"E 8�2 .83 ' J�C N59�Q7 '27"E 625.75' KL N�.��19 '�49"W 4E]6. 34 ' LM N87�36 '00"E 818. 53 ' MA 537�38 ' Sd"E 97. I4f Note:This property description is subject to minor modifications as required to permit right-0f�vay adjustments along Louden Road and Weibel Avenue. vl.❑ APPENDIX C: 5. WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE 1 O CITY OF SARATOGA SPRINGS ZONING ORDINANCE �� f�.,,`-`CJ�-�-' u �' � ' � � 3 ��a�� TOBE � �ns�wc «.....�..� �, . �S I �; �i�:�:y' a . — ^ ` i45f�Wtu�r � MREEI.M:S �� *n ee om�u�`� . z� . . .. � r+ Wn+K]vuln'a�°Y�� ' ! ��` j �^ ' � � i1 m�� ' a� � �- , y _ -� � �R�� i / � p`�^�`i ' (l �R W' � I . Y �AL'�[�i� � . 1 h 151 ��5£�l5'IXXf�o iP 9£ � � y. � �'Y'�r'�..� �_ d ri � 1. 0��ur+ncrnur€� I � . 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I � `�� Y .�:'� -E � ,� �+�.'�'`.. -,� �� ':�Y� d �.i' � . - ; .. .�� ..�,.. � ' ' °""'a �I�'� i 9..,�!'I �, c•'rs.rm+-=actecctx�r� � ,�y� i e �Y� � � � � � ��, � ! A.Ti}f5FF1SC4 t��i�S�J.4]Oi'¢�s. i�' .� � � � - Y�4 � (��.� y_ � F. 1 i ��TOSEP�� +..�. I �Y� i � o[r.a�rwa rroxt � •+a.•�++a...-,� 'f •1 �r,� � � � � �'� �� a� e � � . � � - ; , r � � � ,'` � ;�� S9��EL P" 40.. 1 �� --- � � � x,� ��, __ � �a�:��.�� Y� � � _ _ � � �:� �' , . • �_ � � .4M1s..I�� . �� _ �..� �'y�� . GW�LxB� 1 '�""*t w.�,'�' � ��+..., .��.•,, �' I � PGTSORDINAtic�7 1'++ +J. i caaroR.,nor.�r�.,��,sar �Y4r tu.os ar Mwc.n.uvH.�+m sv*iR cosrors�.rorr y,�._y�� I � t .,_.' ..,. . � �, ---� _ __ __ �� ¢� -----.�,� 1 �==:=��;� _ .�. . �t:;�,�y ` � ,�, - . • s��i� �' - _ .. . �.�: n.�,�� , . _..,_._ __— �,��_��7�� '-'��--•- -.:� vi .❑ APPENDIX C: WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT — PAGE �76 CITY OF SARATOGA SPRINGS ZONING ORDINANCE Ilistrict R,egulations: [Ise Schedule for Cammercial D'astrict� City of Saratoga Spr�ings (Part 3) Us�s Permissible upan Issuance �'ermitteti Principal Uses Accessory Perinitte� Uses of $pecial llse Permit and upon 5ite Plan Review up�an Site Plan Re►riew upon Si#�e Plan Re�iew Distriet and Apprnv�al and Appra�al and Appra�val �ommerciaf 2 I. Animal clinic 1. Canopies for drive-in faeilities 1. Ani�nal haspital,lkenne] �-2 2. x�pparel �leaning�dry cleaning 2. Mainter�ance facilities 2. Car was�es 3. ��tamati�e sales and servi�e:� 3. Storage facilities 3. Drie�in fa�i]iti�s 4. �3akery shop 4. Pri�ate garage and parking 4. Gasaline service stations 5. 33axberJheauty shop structure 5. �pernair markets F. ]3ath�iouse/health centerfspa 5, Salar�eating,f�renti3ation 6. dutdoor dasplayfstnrage 7. �3awling alley equipment 7. Satellite receiving antennas $_ �3uilding material storage and 8. Vehi�ie repair sales 9. I3usiness office 1q. Churches and retigious �nsti- L�utions 11. �'�ornmunieation $ervices 12. Convenience sales and ser�ice 13. Z}ay-care center 14. Drug store �5, Equipment repair shap 16. �ating and drinking estab- Iishments 17. Finan�ial instit�ztinns and banks in-as-su vi .❑ APPENDIX C: WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE �7�7 CITY OF SARATOGA SPRINGS ZONING ORDINANCE Disttrict Reg�alations: �.Tse Schedute far Com�r�ercia� Districts City af Sarata�� Sprir�gs (Part 4� Uses Permissible upon �ssuance Permitted Principal Uses Accesscfry Fermitted Uses nf Special LTse Perzx�it and upan Site Plan Review uppn Site Plan Review ug�an Site Piar� Review and Appraval and Appra�val , and Apprava� 18. Fl�rist 19. Fraternal �adges�'cl�bs �0. Funeral h4tr�e ��.. �rz�it�are stvre 22. Greenhauses �3. �enerai retail 2�1. Group entertainment �night- �lu�s, �eater} 25. Hote�/mntel . 26. Laun�romat �7. Niedica] a£�icesJclini�s 2$, N�ig��orhood center ��. Nursery (Plant) 30. Dutdoor re�reatian (galf, e�.} 31. Printing, p�biishing or eri- graving �. Public utility facilities 33. Professio��al off�ces 3A:. Real estate of�ees 35. Recreatia�al facilities (induar) to-z�-so vi .❑ APPENDIX C: WEIBEL PLAZA COMMERCIAL PLANNED UNIT DEVELOPMENT - PAGE �78 CITY ❑F SARAT❑GA SPRINGS Z❑NING ❑RDINANCE District Regu�ation.s: Use ScY�edule for Cornmercial Districfs City af Sara#oga S�rin�s {Part 5} Permitteci Principal Z.Ises Accessor Permitted Uses U nf �ermissible upon issuance y P�ccial Use Permit anr3 �pan Site Flarr Rerri�ew upon Site Plan Re�view District and Appro►fal ��d A uP�� Site Plan Review ppro�vai and Approval 3�E. Residential us+e an secon� #7oor ar a�ave 37. Raoming ha�tse��ourist home 38. �raining and educational ser- vices, cxassrnom instructian, etc. 39. Tele�+isifln a�ad radia st�tion and receirring,lbr�adcasting . 40, Vehi�ular fee parking 41. Park-and-ride lot 42. Warehouse, Distribution Plant and Wholesale Establishment 43. Marijuana Dispensary,defined as an establishment where consumers can legally purchase cannabis and cannabis products and complies with all New York State regulations,and any local ordinances and codes. 44. Marijuana Growing and/or Processing which complies with all New York State regulations,and any local ordinances and codes. Commereiat 3 2. Animal ctinic �. Canopies fur drive-in facidities 1. Bus depot �-3 2. Appare] clean3ngfdry cleaning �. S�arage faciliti�s 2. Car washes 3. Bathhrause�health center�spa 3. Soiar/heating�ventilatian 3. Dra�e-in faci�ity 4. Sed-and-breakfast establish- equipment 4. �asc�line service stations ments 5. Motr�r �e�fcl� repair establish� 5. Car rental agency ment 6. Con�enience sal�s and Servi�es 5. Dutdoor display�storage 7. Eating and drinking estab- 7. Qutd�r entertainment (mini- lishmer�t ature golf, etc.} 8. Financial institutians and hanks i4-as-9a �i.❑ APPENDIX C: WEIBEL PLAZA C❑MMERCIAL PLANNED LJNIT ❑EVEL❑PMENT - PAGE 79 , Short Environmental Assessment Form Par�t l -Project Information '�, Instructions for Comuletin� I Part 1—Pro'eet Informatiot�. The a licant or ro'ect s onsor is res onsible for thc com letian of Part 1. Res onses beComa art of the ' � PP P J P P P P P i application for appro�al or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thorougttly as possible based on current information. Complete all items in Part l.You may also pro�ide any additional information which you belie�e will be needed by or useful to the � lead agency;attach additional pages as necessary to suppiement any item. � Part 1—Project and Sponsnr Information �� Name of Action or Project: � Wei4el Plaza Commercial Planned Unit Development Zoning Text Amendment Project Location(describe,and attach a lacation map): Weibef A�e Rear 153.-1-18 Srief Desc�•iption of Proposed Action: � Amendment of the Weibel Plaza Gommercial PEanned Unit Qevelopmant ', Name of Appiicant or Sponsor: Tele hone: ' P 518-587-4080 � F Justin M.Grassi,Esq,Jones Steves LLP E-Mail: 19E�ssi@saratogalaw.com I Address: �I 68 West Ave I � City/P0: State: Zip Code: Saratoga Springs NY 12866 1. Does the proposed action only involve the legislative adaption of a plan,local law,ordinance, �p yE� � administrative rule,or regulation? i If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ � � may be affecteck in the municipality and proceed to Part 2. if no,continue to question 2. 2. Does the proposed actian require a per�r►it,approval or funding from any other government Agency? NO YES , if Yes,list agency(s)name and permit or appraval: � ❑ 3. a.Total acreage of tha site of the propased action? 16 acres b.Total acreage to be physically disturbed? o acres a Total acreage(project site and any contiguous prope��ties)owned I or controlled by the applicant or project sponsor? o acres � 4. Check al]land uses that occur on,are adjoining or near the proposed action: 0 Ur6an ❑ Rural(non-agricul#ure) ❑ Industr�al � Commercial ❑ Residential(suburban) ❑ Forest ❑ Agricultare � Aquatic ❑ Other(Specify): i ❑Parkland ' 3 ^ ,� cl Tc r c�f� SEAF 2D19 � i� � i � S. Is the proposed action, NO Y�S N/A II� a. A permitted use under the zoning reguEations? � ❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ � � NO Y�S 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? � ❑ ❑✓ i 7. Is the site ofthe proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES I � If Yes,identify: � ❑ i NO YES 8. a. Will the proposed action result in a substan#ial increase in traffic abova pres�nt leveEs? � ❑ I b. Are public txansportation services available at or near the site aftE�e proposed action? ❑ ❑� � c. Are a�y pedestrian accommodations or bicycle routes available on or near the site of the proposed � ❑ �I,I action. , 9. Does the proposed action meet or exceed the state energy code requirements? NO YE5 Tf the proposed action will exceed requirements,describe design features and technologies: I� ❑ �✓. II 1 Q. Will the proposed action connect to an existing publiclprivate water supply? , NO YES I IfNo,describe method for providing potable water: ' ❑ ✓❑ , 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ �✓ ]2. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES I ��rhic�t is listed on the National or State Register of Hiskoric Places,or fhat has been determined by the � ❑ � Cornmissiover of the NYS Office of Parks,Recreation and Historic Preseivatian to be eligible for listing nn t11e State Register of Historic Places? b.is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for � � archaeological sites on the NY StaCe Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any partion of the site of the praposed action,or fands adjoining the proposed action,contain ND YES ' wetlands or other waterbodias regulated by a federal,state or local agency? � ❑ � � b.Would the proposed action physica[ly alter,or encroach into,any exisking wetland oE•wat��•body? ❑ ❑ � F If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ' , r' F �; [ E �'" Z. �: E.. cS: E � F �e t v I � -�'t / - III �fl��....U'f�i � I i 3 I,. � I I 14. Identify the typical habitat types that occur on,or are li[cely to be found on the praject site.Check alE that apply: ❑Shoreline m Forest ❑Agricultural/grass[ands ❑ Early mid-successionat ❑Wetland ❑ Urban ❑ Suburban , 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES I Federa9 government as threatened or endangered? ❑ ❑ II lb. Is the project site located in the lOd-year flood plan? NO YES II �✓ ❑ , 17. Will the proposed action create storm water discharge,either ft•om point or non-point sources? NO YES � Tf Yes, � � a. Will storm water discharges flow to adjacent properties? � � b. Will storm water discharges be directed to established conveyance systems(�•unoff and storm drains)? � � ' If Yes,briefly describe: � a; �� =�� x,=� ��E.:,�;:�� i � - � F �.S . .e.r.=_.� . � 18. Daes the proposed action�nclude construction or other activities that would result in the impoundment of water �NO� �Y�S � or other fiquids{e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoandrreent: ❑ ❑ �.9. Has the site of the proposed action or an adjaining propei�ty been the location of an active or closed solid waste NO YES managament facility? If Yes,describe; ❑ ❑ ' 20.Has the site of the proposed action or an adjoining propei�#y been the subject of remediation(ongoing or NO YES �� completed) for hazardous waste? ', [f Yes,describa: ' ❑� � '� T CERTIFY THAT THE IIV�'4RMATION PROVIDED ABOVE IS TRUE AND ACCURA'I'E TO THE BEST OF ' MY KNOWLEDGE �� Applicands}�o r/n : Justin .Grassi,Esq Date:3-24-22 5ignature: � Tit[e:Attorney tor Applicanf i i I j PR{NT FORM ��,L_� �,{�_; � ►4 � ^�7�r ' 6:kJ^. I:1-I 2J �"e L:1J F J i '�a � �� i �s • . ,�r r . �5 -nr -s n ` . . FFiJ .Y,7-E-�+J� � . y �� , t .,-.� � _;��,+,* �,.�' �v � 'JI. �iSY�Y+ . .a3 � �� t� � L � � r �' }� � i� t�5 3.14-2 �E 8 '� �' � �I . �i5�3 1�=�1 14.� w ��+ «L � �� ff . �� _ � � , � . .. • _� ��3.-�it I�t, la-i=1�� .�C53�5�1=�14_1 i i� " ��x�; � ��"�ia3.-3-49, �� -. �� - - " .r., , ��''' `� � - �(�3 1�~1 �4. _•+�`��'�� " ", FE r 'r. . `' ' �'"{ _,- ��53_19 2-'�`� ' . _ . -^ ^ _ ' , +�+ 1,3 f S-I-"t� I'; .��S:S?-� 34 I I Ii3.-3 i�.3 � �T, � r��4"� 133 3�� 1i =� `',., � : , ��[1 � �[53 .1�`2"13 �,� � ��. .�°��+ ��,� `'��f 5 3.I 4 I-I di - �� r ' .�+1 ia� ; �g".P �� 5 `` s • �. 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