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Home My WebLink About20200735 Excelsior Avenue Apartments Correspondance Charles W.Malcomb Partner Direct Dial:716.848.1261 �� Direct Facsimile:716.819.4737 �� cmalcomb(c�hod�son�uss.com May 25, 2022 Via Hand Delivery City of Saratoga Springs Planning Board 474 Broadway Saratoga Springs,NY 12866 Dear Chair Torpey and Members of the Board: Re: Site Plan Review of Excelsior Apartments Our firm represents Beacon Communities, LLC ("Applicant") in connection with its efforts to develop Excelsior Apartments ("Proj ect") the next phase of the mixed-use residential and commercial neighborhood development, Excelsior Park, in the City of Saratoga Springs ("City"). Excelsior Park initially received special use permit approval from the City of Saratoga Springs Planning Board ("Planning Board") on October 16, 2002, which also issued findings pursuant to the State Environmental Quality Review Act ("SEQRA"). The Planning Board issued subsequent site plan and special use permit approvals to Excelsior Park between 2002 and 2015 that were covered under the 2002 Statement of Findings. Excelsior Park received a renewed special use permit on May 13, 2021, which covered a 10-year build-out of a total of 179 residential units and 147,600 square feet of non-residential use. Excelsior Park is located on a 34- acre site near the intersection of NYS Route 50 and Interstate 87,with areas located in the Transect- 5 Neighborhood Center (T-5) and other areas in the Transect-4 Urban Neighborhood (T-4) Districts. The next phase of construction under the May 13, 2021 special use permit at Excelsior Park is the Project, consisting of a building with 52 apartment units and up to 2,450 square feet of non-residential space. The Proj ect is situated solely in the T-5 District. Although the Proj ect received special use permit approval on May 13, 2021 as a part of Excelsior Park, Proj ect-specific approvals, like architectural review and site plan approval, were still needed. As such, the Applicant received architectural approval from the Design Review Commission on August 11, 2021, and submitted a site plan application to the Planning Board on October 14, 2020,which was revised and resubmitted on January 31,2022. This letter is submitted in support of said application and to underscore the Applicant's eligibility for site plan approval. I. Mixed-use developments like Excelsior Park, of which the Project is a part, are permitted in the relevant zoning districts and encouraged in this area pursuant to the comprehensive plan. � � n � �,�� .�a _ s a� e�.. � �, �� .�� a�tvr.. . _ �u V�aii�c��u i-°��:� �u�i�;�uu ��t��a'ic��i��r��`��I� i'�V�v��`��"'� i��r�r� � .�W�.�.�r�.��ui� � h�i��u��.�;��i Albany ■ Buffa/o ■ New Jersey ■ New York ■ Pa/m Beach ■ Rochester ■ Saratoga Springs ■ Toronto City of Saratoga Springs Planning Board May 25, 2022 �� lP � Page 2 �°�U�A°tr� The fact that a use is permitted by special use permit approval reflects a legislative determination that such use is allowed in the district, is compatible with other uses in the district, and will not negatively impact the neighborhood. No�th Sho�e Steak House v. Bd. of Appeals of Inc. Vill. of ThoYnaston, 3 0 N.Y.2d 23 8, 243 (1972) ("The inclusion of the permitted use in the ordinance is tantamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood."). Additionally, the inherent "impacts" of special permit uses are presumed to have been considered by the municipality when it included them as specially permitted uses in the zoning district. WEOK B�oadcasting Co�p. v. Planning Bd. of Town of Lloyd, 79 N.Y.2d 3 73, 3 83 (1992) ("... the aesthetic visual impact of the [radio] towers, was, we presume, considered at the time that radio and television towers were included as permitted uses in the Designed Business zone."). Here, the Proj ect is located in the T-5 District. All uses (other than "permitted accessory uses and structures") are permitted in this district with both special use permit and site plan approval. See City of Saratoga Springs Zoning Ordinance ("Zoning Ordinance"), Table 2: Use Schedule. Additionally, the Proj ect is located in the Community Mixed Use designation on the Future Land Use Map in the City of Saratoga Springs 2015 Comprehensive Plan ("Comprehensive Plan"). Comprehensive Plan at 65. This designation reflects the City's intentions for the area and acts as a guide for the City to follow when modifying its Zoning Map in the future. Id. at 55. According to the Comprehensive Plan,this area consists of"moderate density residential and community-supported commercial uses."Id. at 57. This is precisely the type of development the Project presents and, as an allowed use, is presumed to be in harmony with the City's development goals. Further, although local land use boards are accorded significant discretion when making their determinations, a court will set aside such determinations "... where the record reveals that the board acted illegally or arbitrarily, or abused its discretion, or that it merely succumbed to generalized community pressure." Peco�a�o v. Bd. of Appeals of Town of HeYnpstead, 2 N.Y.3d 608, 613 (2004) (emphasis added); see also Twin County Recycling Co�p. v. Yevoli, 90 N.Y.2d 1000, 10002 (1997) (a zoning board"may not base its decision on generalized community objections."); Wep�in v. Council of the Cily of New Yo�k, 15 Misc.3d 684 (Sup. Ct. N.Y. Cty. 2007) (where a zoning law permits a use in a certain neighborhood, denial of an application for such use "must be based on more than community resistance to be rational."). In other words, generalized obj ections based on the inherent characteristics of a specially permitted use cannot form the basis for a denial. As noted, the Proj ect presents the next phase of a mixed- use development a use legislatively determined to be suitable in the community, and which has already received special use permit approval and underwent substantial environmental review. Additionally, in an effort to address concerns raised during the review process, the Applicant has voluntarily modified the scale of the Proj ect, as discussed more fully below. II. The Town has fully reviewed Excelsior Park, of which the Project is a part, and determined that it will not negatively impact the community and the Applicant has City of Saratoga Springs Planning Board May 25, 2022 �� lP � Page 3 �°�U�A°tr� voluntarily taken action to ameliorate any potential impacts by modifying the Project scale The Planning Board previously determined the suitability of Excelsior Park in the neighborhood through its extensive environmental review pursuant to the State Environmental Quality Review Act ("SEQRA"), which ultimately led to its issuance of the special use permit authorizing 179 multifamily units and 147,600 square feet of non-residential use. See CITY OF SARATOGA SPRINGS, Notice of Decision, May 13, 2021 (granting special use permit approval for Excelsior Park). Although the Planning Board issued SEQRA Findings for the original 2002 special use permit application, upon receiving the renewed special use permit application in November 2017, the Planning Board engaged an environmental consultant to review the Full Environmental Assessment Form ("FEAF") and related proj ect materials for Excelsior Park, including a 2020 traffic study prepared by GPI Engineering ("Traffic Study"), which was expanded and revised at the request of the City. CITY OF SARATOGA SPRINGS, Amended Statement of Findings Excelsior Park Proj ect, Apr. 8, 2021. Because traffic impacts were a significant concern, the Planning Board included mitigation measures to address these concerns in its amended findings such as expanding existing turn lanes, constructing new turn lanes, and improving signal timing which will be implemented as site plan approval conditions.Id. Further, the Planning Board, as Lead Agency under SEQRA, conducted numerous public hearings from February 2018 through April 2021 and reviewed the written comments, memoranda, and letters filed by members of the public, its consultants, and City personnel.Id. This process culminated in the Planning Board's issuance of its Amended Statement of Findings on April 26, 2021, in which the Planning Board thoroughly considered all potential environmental impacts presented by Excelsior Park,which fully contemplated the Proj ect, and determined that any such impacts would be avoided or minimized through implementation of the conditions. Id. Further, as noted above, in an effort to act as a good neighbor, the Applicant has voluntarily chosen to modify the Project to ameliorate any concerns of potential impacts on the neighborhood. Originally, the Proj ect included (1) a mixed-use building facing Excelsior Avenue with commercial space on the first floor for a daycare, and 48 one-, two- and three-bedroom apartments on the upper three floors; and (2)two residential buildings facing Whistler Court, each with five three-bedroom townhouses.During the Planning Board's public meetings,concerns were raised regarding traffic related to the daycare operation and the density of the Proj ect. As such,the Applicant eliminated the townhouses and the daycare from the Project design. This has reduced the number of required parking spaces as well as the need for a satellite parking area that was proposed to be located west of Whistler Court. The size and footprint of the remaining mixed-use building has not been changed; however, the bedroom sizes were modified to create a total of 52 units. Lastly, all proposed amenities will remain, including a playground, bike racks, and connections to pedestrian walkways. For all the foregoing reasons, the Applicant respectfully requests the Planning Board approve the site plan application for the Project. City of Saratoga Springs Planning Board May 25, 2022 �� lP � Page4 �°�U�A°tr� We thank you for your consideration of this letter and request. If you have any questions or concerns, please feel free to contact me at (716) 848-1261 or cmalcomb(a�,hod�sonruss.com. Respectfully submitted, Charles W. Malcomb CWM:arl