HomeMy WebLinkAbout20220502 Proposed Amendments to the Unified Development Ordinance Correspondance -�-
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June 8, 2022
Dillon C. Moran, Commissioner of Accounts
City of Saratoga Springs City Hall
474 Broadway, Suite 14
Saratoga Springs, NY 12866
Re: SCPB Referral Review #22-60 - Zoning Text Amendment - City of Saratoga
Springs
Proposed amendments to the City's Unified Development Ordinance (UDO), including
1) removal of uses from the City's Greenbelt which have been identified as
inappropriate uses, 2) the establishment of clear criteria by which City land use
boards can maintain rural character in the Greenbelt, 3) adopting enhanced means of
stream and wetland protection and, 4) amending the land disturbance activity permit.
Location: City-wide
Received from the City of Saratoga Springs City Council on May 5, 2022.
Reviewed by the Saratoga County Planning Board on May 19, 2022.
Decision: Approve w/comment
Comment: The Saratoga County Planning Board reviewed the proposed text
amendments (1-4) of the recently adopted Unified Development Ordinance at its May
meeting during which there was an extended discussion of the proposed changes. The
SCPB recognizes the City Council's authority and responsibility associated with
legislative actions precipitating land use regulations. Board and staff also note the
legislative body's role to, with regularity, review and update as necessary those various
land use regulations and associated guiding documents.
One principal point of the Board's discussion centered around the fact that the City's
Comprehensive Plan was approved/adopted in 2 015 and the process to create the
UDO began in 2016 and ended with its adoption five years later, in December of 2021.
To reach that point of adopting the UDO involved a lengthy process of public meetings,
hearings, public input and comment. That depth of public review and discussion is
not as apparent in the submission of the subj ect amendments to adopted land use
body.
Without delving into the depths or details of the individual proposed amendments or
putting the SCPB into a position of advocate or judge, a general point of inquiry was
made as to why the City (in general) does not let the UDO run its course for some
elapsed time and at that point consider amendments, if needed, and where deemed to
be necessary or more helpful?
50 WEST HIGH STREET (518)884-4705 PHONE
BALLSTON SPA, NY 12020 (518)884-4780 FAX
Based upon the information within the referral submitted, various members of the
SCPB asked (with attention on the short 5-month period of use following
implementation of the adopted UDO)just what are the justifications for the proposed
removal of certain uses and parcels. The City of Saratoga Springs has long expressed
its concern and intention for protection and preservation of the Gateway. The 2015
Comprehensive Plan notes that "[t]he 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."
It is recognized that in some manner or another, for all land use applications there will
be that necessary oversight by the City Planning Board. Under the adopted UDO, land
use proj ects will continue to come under City Planning Board review and the standard
processes involving the consideration of design standards, the continued standards
and requirements for a special use permit, or the detail well-noted for a site plan
review by the City Planning Board. The Comprehensive Plan further states that "[t]he
Country Overlay map does not put any restrictions or additional requirement s in
place, but serves an illustrative purpose only."
Much discussion was also had related to the extended stream and wetland protections
afforded the City Planning Board that appears to go beyond the review and permitting
authorities already in place through state and federal standards and regulations. This
amendment alone seems to call for development of a greater statement of rationale
and substantiation under SEQR involving critical engineering input to back the
parameters proposed. This discussion would seem particularly important as there
would be an ultimate impact on the amount of an owner's useable land.
While the authority exists for the legislative body to enact amendments to the
governing regulation of land use in the City, the adoption of the foundational
document for such regulation followed in short time by amendments - with no more
than six months of limited exercise - may appear contrary to the goal of many months
(and even years) of input, review, comment, hearing and discussion that could be of
naught without ever seeing the true results of implementation.
Sincerely,
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Michael Valentine, Sr. Planner
Authorized Agent for Saratoga County
DISCLAIMER: Recommendations made by the Saratoga County Planning Board on referrals and subdivisions are based
upon the receipt and review of a"full statement of such proposed action" provided directly to SCPB by the municipal
referring agency as stated under General Municipal Law section 239. A determination of action is rendered by the SCPB
based upon the completeness and accuracy of information presented by its staff. The SCPB cannot be accountable for
a decision rendered through incomplete or inaccurate information received as part of the complete statement.
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