The URL can be used to link to this page

Home My WebLink About20220502 Proposed Amendments to the UDO Narrative Sustainable Educate. Ad�ocate. ►J dL�.cl,l,�� Act. � RATIONALE FOR EACH PROPOSED AMENDMENT RATIONALE FOR AMENDMENT 1: REMOVAL OF INAPPROPRIATE USES IN THE GREENBELT Our approach to considering the appropriateness of uses is to evaluate their compliance with the intent of the 2015 Comprehensive Plan (Comp Plan). In our view, any proposed new use in the Rural Residential or Gateway-Commercial Rural should have to be justified as to why that new use is needed and in compliance with the Comp Plan. The 30+year vision of the "city in the country" is based on limiting the intensity and density in the Greenbelt and it was reiterated in the 2015 Comp Plan. While the "Gateway Commercial — Rural" zoning district has the word "Commercial" in the title, it was not intended to be a dense commercial district or strip mall kind of development; the emphasis is on rural character. In our view, increasing the number of different uses allowed in the Greenbelt will increase the likelihood of over-development. The more uses that are established in the rural gateways, the more pressure to develop infrastructure to support them, which violates sustainable growth principles and contributes to urban sprawl. More development in the Greenbelt could lead to higher costs for building and maintaining more roads, more water and sewer lines, and more power and gas lines. New commercial and higher-density residential development far from downtown would encroach upon important natural resources and make people more dependent on cars. More driving would mean more traffic, more fossil fuel use, and more carbon emissions. The UDO must not allow new land uses in the Greenbelt that would compromise our future as a sustainable city. In the rural gateways, we have identified dozens of uses that should be removed. However, we have chosen a subset that are the most likely to lead to more intense and dense development in the rural gateways. As the Comp Plan says: "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." Given that the rural gateways are within the Greenbelt, expanding the permitted commercial uses should be done with great thought and consideration for the both the activity's positive impacts on the city and its potential negative effects on natural resources and rural character. Below, we list several uses in the UDO that have the greatest potential to erode the rural character of the Greenbelt by allowing uses and density inconsistent with the Comp Plan, with which the UDO must be consistent. It is critical that these uses be removed from the UDO. In the future, we urge the Council to undertake a thorough review of all uses and ensure their consistency with the Comp Plan, but we hope you will consider our request to immediately remove the following uses. If the City Council decides that these uses are appropriate, we urge you to consider adding restrictions to limit the size and intensity of the use when proposed in the RR and GC-R districts. Each new use comes with the risk of unintended consequences and therefore should be carefully considered to ensure that the use includes adequate specifications to limit that application of the use to its original intent. � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. 1. Country Club: Remove from the Rural Residential (RR) Zoning District A Country Club is defined in the UDO as: An establishment open to members, their families, and invited guests organized and operated for social and recreation purposes and which has indoor and/or outdoor recreation facilities.A Country Club may include ancillary uses such as eating and drinking establishments, meeting rooms, and maintenance facilities. • This is a new use in the RR zone. (Note: Saratoga Golf and Polo Club is zoned INST-PR.) • As currently defined, this use lacks adequate controls to limit the commercial uses such as restaurants and meeting rooms. Without such restrictions, it does not conform to the Comp Plan requirements for low-intensity recreational uses. 2. Educational Facility— Primary and Secondary: Remove from the RR Zoning District An Educational Facility—Primaryand Secondary is defined as: A public, private, or parochial facility that offers instruction at the elementary,junior high, and/or high school levels.A pre-school may also be included as part of an elementary school. • This is a new use for the RR zoning district, allowed by a Special Use Permit and Site Plan Review from the Planning Board. (Note: Public schools are exempt from local zoning restrictions; Saratoga Independent School on outer Lake Avenue received a use variance in orderto build there.) • The Comp Plan does not include institutional uses in the Conservation Development District (page 58), where most of the RR zoning district is located. • There are no restrictions on the footprint of the school, so if this use is not removed, it should have restrictions placed on it specific to the RR district. 3. Community Center: Remove from the Gateway Commercial— Rural (GC-R) Zoning District A Community Center is defined as: A facility used as a place of ineeting, recreation, or social activity, that is open to the public and is not operated for profit, and offers a variety of educational and community service activities.As an ancillary function, a community center may also serve as a local 'food hub" where regionally grown food, including value added food, can be grown and/or brought for distribution and sale. • This is a new use for the rural gateways that has the potential to have heavy traffic flow and a large footprint. • The potential for including a regionally grown food sales ancillary use does not make it rural in nature. • This use belongs in the urban core where people can easily get to the community center without needing a car. 4. Medical/Dental Office: Remove from the GC-R Zoning District A Medical/Dental Office is defined as: A facility operated by one or more physicians, dentists, chiropractors, psychiatrists, physiotherapists, or other licensed practitioners of the healing arts for the examination and treatment of persons ;J� Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 2 Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. solely on an outpatient basis. Medical/dental offices also include alternative medicine clinics,such as acupuncture and holistic therapies, and physical therapy offices for physical rehabilitation. • This is a new use for the rural gateways. • It belongs in the urban core. If allowed in the rural gateways, it will encourage sprawl along those corridors and patients will be dependent on automobile transport to visit the offices. 5. Office: Remove from the GC-R Zoning District An Office is defined as: An establishment that engages in the processing, manipulation, or application of business information or professional expertise. Such an office may or may not offer services to the public. An office is not materially involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. An office does not include financial institution or industrial design. • This is a new use for the rural gateways. In the previous Zoning Ordinance, only "Real Estate Offices" were allowed in the Tourist Related Business District (TRBD; a subsection of the rural gateways where additional, tourist-related uses were allowed). This office use is not tourist-related and there are no standards specific to offices located in the GC-R to restrict the size of the use. • It belongs in the urban core. If allowed in the rural gateways, it will encourage sprawl along those corridors and clients will be dependent on automobile transport to visit the offices. 6. Dwelling— Multi-Family(2 Types): Remove from the GC-R Zoning District A Multi-Family Dwelling is defined as: A structure containing three or more dwelling units developed in a single building used for residential occupancy. A multi family dwelling does not include a townhouse dwelling. Multi-Family: Above Ground Floor is defined as: A multi family dwelling where the ground floor is designed and used for nonresidential uses. Such a multi-family dwelling may contain an office for building management and a lobby area within the ground floor but such facilities cannot be located along any facade that abuts a public street. Multi-Family: Residential Only Structure is defined as: A multi family dwelling where all floors are designed and used for dwelling units. • The inclusion of this use in the UDO violates the Comp Plan requirement not to foster more intense or dense development in the GC-R district. • The TRBD in the previous Zoning Ordinance allows residential use only on the second floor or above, though it should be noted that it did not specify a density and does not identify it as multi-family. • Some have argued that allowingthese useswould provide affordable housing; there is no requirement for this housing to be affordable and so any housing would be market rate, which does not mean affordable. • Dense developments should be confined to the urban core. We found nothing in the definition or standards, specific to the GC-R, that would prevent a Multi-family Dwelling similar in size to the one pictured in the UDO (and included below). Does something this large convey "rural character" as required in the Comp Plan? � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 3 • ustalnable Educate. Ad�ocate. �cl,I�,l,�►� � Act. M�LT��F�M MLY'DV�i�E LL MF� ��1r�t�i�iP+�f��'��Gii' ��d��a�lrr��Itr�i�r ��aRaski�ta�t �h�r�I�r T�aMI _�- r ��a��i��R �� ,_----- ��+d�M fi�� ,��Ir=■�r4ur#� ��_:-� �wilur� � _ � �,.� � � � � _ _ . � �� _ . - - , � a � � � � �� r � � �� , , � � . � � �� r�� L�� * , , �� - --�- �� . � � � i � I - _ �. � � -- �� It is worth noting that a quick analysis of the 30-acre parcel behind the Best Western Motel on Route 9 showed that, under the RR zoning of the previous zoning ordinance, only about 15 single-family homes would be permitted. Under the new UDO this area is now zoned GC-R, so assuming there are about 22 acres of developable land, 60 to 70 residential units would be allowed. 7. Dwelling—Townhouses: Remove from the GC-R Zoning District A Townhouse is defined as: A structure consisting of three or more attached single family dwelling units. Each dwelling unit extends from the foundation to the roof and is open on at least two sides. Each unit has a separate exterior entrance and yard areas.A townhouse dwelling does not include a multi family dwelling. • This is a new use for the rural gateways. • Dense developments should be confined to the urban core. 8. Eating and Drinking Establishments (More than 40 Seats): Remove from the GC-R Zoning District An Eating and Drinking Establishment is defined as: An establishment where food and/or drinks are prepared and provided to the public for on-premises consumption by seated patrons, carry-out, and/or delivery service. Restaurants and bars are considered eating and drinking establishments. The UDO created two new categories for "Eating and Drinking Establishments:" o Eating and Drinking Establishments— More than 40 seats o Eating and Drinking Establishments—40 seats or less Eating and drinking establishments were permitted in the TRBD under the previous ordinance with no limitation of the number of seats. While it will still contribute to sprawl, the smaller- size use is more compatible with rural character and thus would acceptable in the rural gateways. However, the larger use is fundamentally inconsistent with rural character and belongs in the urban core where it will not create sprawl and will avoid competition with downtown establishments. � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 4 Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. 9. Educational Facility-Vocational: Remove from the GC-R Zoning District An Educational Facility—Vocational is defined as: A facility that offers instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a school for general educational development or driving school. Educational facility- vocational also applies to privately operated schools that do not offer a complete educational curriculum. • This is a new use that was not allowed in the TRBD under the previous ordinance. • There are no limits to footprint or types of instruction activities that would make it appropriate for the rural gateways. 10. Hotel— More Than 20 Guestrooms: Remove from the GC-R Zoning District A Hotel is defined as: A commercial facility that provides sleeping accommodations for a fee and customary lodging services. Related ancillary uses include, but are not be limited to, meeting facilities, eating and drinking establishments, and recreational facilities for the use of guests. "Hotels/Motels" were permitted in the TRBD under the previous Zoning Ordinance but there was no limitation on the number of guestrooms. The UDO created two new categories for "Hotels" as follows: o Hotels— More than 20 Guestrooms o Hotels—20 Guestrooms or Less We do not object to the smaller-size use being allowed in the GC-R. However, the larger-size use is too intensive for the Greenbelt and should be restricted to the urban core. RATIONALE FOR AMENDMENT 2: ESTABLISH CLEAR CRITERIA AND REQUIREMENTS FOR LAND USE BOARDS TO MAINTAIN RURAL CHARACTER IN THE GREENBELT In 2003, the City of Saratoga Springs adopted amendments to the zoning ordinance that established new design standards aimed at achieving "rural character" for the Rural Residential zoning district and the entrance gateways to the city. The lack of clear, mandatory design standards and requirements have resulted in inconsistencies in the Planning Board and the Design Review Commission processes. Three prominent examples where rural design standards were not required of the applicant and the resulting project failed to exhibit rural character are the Honda dealership and Homewood Suite hotel on South Broadway and the recently approved Just Cats development on Driscoll Road. We believe that the UDO needs to strengthen the guidance and criteria for the land use boards to uphold these rural design standards. The Comp Plan establishes a policy of"rural character" within the Country Overlay Area (aka the Greenbelt). The UDO seeks to implement this policy by establishing rural design standards for new development in the Greenbelt (Suburban Residential, Rural Residential, and Gateway Commercial — Rural zoning districts). The UDO provides both voluntary and mandatory design standards and allows the land use boards to grant exemptions to such standards without written justification. We think it is reasonable for the land use boards to make exemptions based on clear and specific ;J� Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 5 Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. criteria, but not without providing written justification explaining what criteria they are using to grant such exemptions. Currently, the land use boards typically do not create a written record of their reasoning for granting waivers of design guidelines (either voluntary or mandatory). A written record explaining the exemptions will allow for clarity and consistency in decision-making. We propose two chan�es, one for the GC-R zonin� district and one for the RR zonin� district: For Gateway Commercial-Rural: Article 4.5.B.1.b of the UDO allows the Design Review Board and the Planning Board to exempt the design standards in the Gateway Commercial-Rural zoning district without providing any explanation. Article 4.5.6.1.b in the UDO reads: "b. Design standards may be exempted by the Design Review Board or Planning Board as follows: i. Standards within the category of Site Design may be exempted by the Planning Board. ii. Where the Design Review Board reviews and approves development, including but not limited to within the Historic Review Overlay District or Architectural Review Overlay District, the Design Review Board may exempt standards in categories outside of those delineated in item i above. iii. Where the Design Review Board does not review and approve development, the Planning Board may exempt standards in all categories and may request a recommendation from the Design Review Board." Our proposed amendment would add one additional requirement to Article 4.5.6.1.b: "iv. Design standards in the GC-R District may be exempted by the Design Review Board or Planning Board with a written explanation detailing the exemption as follows: a. The uses in the structure are unique and preclude meeting the rural design standards of the ordinance; or b. The lot configuration is unique and precludes meeting the rural character of the ordinance; or c. That there are extraordinary circumstances unique to the parcel that demonstrates that the design standards cannot meet the rural character objectives of the ordinance." For the Suburban and Rural Residential Districts: Article 16.10 provides design standards for new development within Suburban and Rural Residential zoning districts. Since these design standards are important in establishing "rural character" the land use boards should implement the standards but be allowed to make reasonable exemptions with written justification for any design standard exemptions they grant. Our proposed amendment would provide an introductory statement to Article 16.10 to read as follows: 16.10 DESIG N STAN DARDS: "The design standards should be followed but may be exempted►by the Design Review Board or Planning Board with a written explanation detailing the exemption as follows: a. The uses in the structure are unique and preclude meeting the rural design standards of the ordinance; or b. The lot configuration is unique and precludes meeting the rural character of the ordinance; � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 6 Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. or c. There are extraordinary circumstances unique to the parcel that demonstrate that the design standards cannot meet the rural character objectives of the ordinance; or d. the applicant has demonstrated a better way to achieve this rural design objective." RATIONALE FOR AMENDMENT 3: ENHANCE STREAM AND WETLAND PROTECTIONS STREAM BUFFERS: Sustainable Saratoga is concerned that some of our water resources are not adequately protected. The city lacks the data it needs to accurately determine the location and number of smaller streams within the city and is relying on data from the 1990s to determine which streams are regulated. USGS maps and NYSDEC data often omit small streams like headwaters. Scientific data is clear about the importance of small, sometimes intermittently flowing, headwater streams for reducing downstream flooding and maintaining the health and integrity of downstream ecosystems. Given the predicted increases in extreme precipitation events with climate change, the protection of these smaller streams is essential to providing resilience for our community in the face of climate change. A further challenge is that the FEMA Floodplain Maps were last updated in 1995; they are outdated and fail to account for climate change, likely underestimating flood hazards. Regulatory Gaps: New York State and the Federal government have limited stream protections, so it is left to the city to fill in regulatory voids in the protection of our streams. In NYS, stream protected status is based solely on designation of streams for human uses such as drinking, swimming, or fishing. At the Federal level, the beds of navigable streams are regulated by the federal Army Corps of Engineers (USACOE). There are no state or federal regulations that limit development in stream buffers or riparian areas (Model �ocal �aws to Increase Resilience, New York State Department of State, Office of Plannin�, Development, and Communitv Infrastructure 2019). What our peers are doing: Many local governments in NYS have filled those gaps by requiring more protective stream buffers than Saratoga Springs. You can find examples in the Model Local Laws document referenced above (Chapter 2, page 48). The Town of New Paltz regulates all perennial streams with a buffer of 100 feet and intermittent streams are protected by a 50-foot buffer. The Town of Pawling and the Town of New Castle both requires a 100-foot buffer for all streams, including intermittent. Some towns, like the Town of Ithaca, require buffers based on the drainage area: a buffer of 35 feet is required for drainage areas between 35 to less than 175 acres; 50 feet for drainage areas 175 acres to less than 1500 acres; and 100 feet for drainage areas of 1500 acres or more. Given the importance of our streams, wetlands and lakes, not just for flood control, but for recreation, habitat, and drinking water protection, the City of Saratoga Springs should bolster its stream protections. In Article 7.1.E, the UDO regulates streams that have a width of between 10 and 50 feet. To ensure greater environmental protection, the following changes in section should be made: • Given the fact that increased extreme precipitation events are already occurring, the stream protections should include a buffer of 100 feet on all perennial streams and 50 feet on all intermittent streams in the city. • For all stream buffers, the Planning Board should have the authority to increase the stream buffer width if their review indicates that this is necessary to protect the integrity and function of the stream system. � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 7 • ustalnable Educate. Ad�ocate. �cl,I�,l,�►� � Act. • Require that the buffer be measured from the high-water mark on the stream bank and not from the center of the stream (see figure below). The stream width is determined by the high-water mark, or bank-full width, and the buffer should also be measured from this point. Otherwise, largerstreamswill have a smaller bufferthan smallerstreams. The argument that if the buffer is measured from the high-water mark then the buffer width should be reduced should be rejected. We recommend a 100-foot buffer, to extend from the edge of the stream as measured by the high-water mark. Project development applicants would be required to provide this information within their applications to the city. Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. much further ahead in recognizing the importance of wetlands and codifying their protection. Inside the Adirondack Park, wetlands of one acre or more are regulated and wetlands along streams are regulated no matter their size. The Town of New Paltz regulates wetlands as small a 1/10 of an acre; there is a 50-foot buffer on wetlands greater than 1/10 acre and less than one acre, and 100-foot buffers on wetlands 1 acre or more in size. New Paltz's regulations even include protections for quality vernal pools (100-foot buffers around quality vernal pools larger than 100 square feet). Article 7.1.D of the UDO establishes a 100-foot buffer for Class I and II NYS wetlands and a 50-foot buffer for federal wetlands. We request the following changes to Article 7.1.D: • Extend wetland 100-foot buffer protections to all wetlands over 1 acre in size. • The Planning Board can waive wetland buffers (Section 13.6.C.3). There are clear criteria for granting waivers, so the Planning Board should provide a written record of how they used the criteria if they determine that a waiver is appropriate. RATIONALE FOR AMENDMENT 4: AMEND THE LAND DISTURBANCE ACTIVITY PERMIT Article 13.7 is intended to address the removal of vegetation related to "site preparation and associated construction activities." Section 13.7.D.2. appears to authorize the Planning Board to approve a permit application, possibly involving significant tree cutting, solely on the basis of an adequate soil erosion and sediment control plan. 13.7.B. indicates that review of land clearing should be coordinated with any applications for subdivision or site plan review, which would have to meet landscape requirements. However, this section does not appear to address a scenario where a landowner or developer removes forest cover a year or two before submitting a development proposal, thereby circumventing the tree preservation requirements of Article 11.9. To reduce the possibility that tree cutting on undeveloped land will be undertaken in a way that would circumvent the tree preservation requirements of Article 11.9, the following changes should be made to Article 13.7: • Article 13.7.A should be amended to include a provision to the effect that all tree cutting related to development will be subject to Article 11, and that on a parcel for which a Land Disturbance Activity Permit was issued allowing trees to be cut for purposes other than development, tree removal mitigation will be required for any development application submitted for the same parcel within five years. Five years is somewhat arbitrary, but its intent is to prevent someone from acting in bad faith to circumvent the intent of Article 11. This would not impact any other scenario where someone was clearing trees for the intended reason listed on their application. It would also not prevent someone from submitting a development application under this scenario; rather it would require tree mitigation if they did. • Article 13.7.D should be amended to require a more detailed inventory of standing trees, as well as trees to be removed. • The application for the Land Disturbance Activity Permit, mentioned in Article 13.7.D.1, should be modified to require the applicant to indicate specifically whether construction will be involved, and to provide a tree inventory and cutting plan. � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 9 Sustainable Educate. Ad�ocate. ►J�,.��l,(�� Act. APPENDIX: A brief overview of the Comprehensive Plan's vision for the Greenbelt The importance of the Greenbelt is emphasized in the opening paragraph of the 2015 Comprehensive Plan's vision statement: Saratoga Springs is the "City in the Country." This concept reflects a city with an intensively developed urban core and an economically vibrant central business district, with well-defined urban ed�es and an outlyin� area of rural character, comprised of agriculture, open lands, natural and diverse environmental resources, and low-density development." (P. 8) The Comprehensive Plan lists and provides guiding principles for the various land use categories, including these two categories that comprise most of the Greenbelt. Conservation Development District (CDD). The CDD includes most of the RR zoning District. The Conservation Development District designation reflects the "Country" of the City in the Country. This desi�nation allows for low densitv residential, outdoor recreation, a�ricultural, and other rural uses utilizin� land conservation methods such as clusterin�. Areas typically include single-family lots and subdivisions, existing planned developments, farms, estates, and natural areas. Commercial activities should be limited to those that support rural and recreational uses and which protect valuable open space, protect natural resources and maintain natural systems. This designation reflects a rural or a�rarian character that works to preserve contiguous open spaces, protect natural resources and restore and maintain natural systems, which will all become increasingly important and valuable community resources. (Page 58) Specialty Mixed Use- Gateway(SG) 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 pleasin� buildin�s and landscapin� alon�the street with parkin� in the rear. (Page 60) The Comprehensive Plan provides policy guidelines for the Gateway Commercial —Rural (GC-R) zoning district. The plan calls for low-to moderate-intensity development along the Route 50 and South Broadway corridors that is to have rural character. It does not call for more intense development, but rather for more control of the rural character of the development. � Sustainable Saratoga � PO Box 454,Saratoga Springs,NY 12866 � www.sustainablesaratoga.org 10