HomeMy WebLinkAbout20200735 Excelsior Ave. Apartments Site Plan NOD � �'����a���Y� � ' C ITY O F SARATOGA S P RI N GS MARK TORPEY, Chair
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NOTICE OF DECISION
In the matter of the application
#20200735
Excelsior Avenue Apartments
Excelsior Avenue
Saratoga Springs, NY I 2866
WH EREAS, Beacon Communities, LLC (Applicant) made a Site Plan Application concerning property located on
Excelsior Avenue in the Excelsior Park Project within the City of Saratoga Springs seeking to pursue construction of its
Excelsior Apartments Project ("Project"); and
WH EREAS, the Project is part of the Excelsior Park Project, a mixed-use development in the City of Saratoga
Springs ("City")which was the subject of a special use permit application made on September I 9, 200 I by Excelsior Park,
LLC; and
WH EREAS, pursuant to the State Environmental Quality Review Act ("SEQRA"), the Planning Board identified
the project as a Type I Action under SEQRA, declared itself Lead Agency and conducted coordinated review pursuant to
SEQRA; and
WHEREAS, after analyzing all potential environmental impacts, the Planning Board adopted a Positive Declaration
which resulted in the preparation of a Draft Environmental Impact Statement; and
WHEREAS, the Planning Board's SEQRA Review culminated in adoption of a Final Environmental Impact
Statement and Statement of Findings on October I 6, 2002; and
WH EREAS, Excelsior Park, LLC submitted a new special use permit application on November I 8, 20 I 7, seeking
to increase development parameters; and
WHEREAS, between February 20 I 8 and April 202 I, the Planning Board, again serving as Lead Agency, conducted
numerous public hearings, received and reviewed updated SEQRA materials from Excelsior Park, LLC, engaged a third-
party designated environmental and engineering consultant to review the updated technical and environmental materials,
Page I of 5
reviewed and commented on various submissions and environmental studies (including an updated traffic impact study by
GPI Engineering), and received and reviewed public comments on the application and the updated SEQRA record; and
WHEREAS, following this extensive review, the Planning Board issued an Amended Statement of Findings
pursuant to SEQRA on April 26, 2021 ("Amended Statement of Findings"), determining that a Supplemental
Environmental Impact Statement would not be required, and granted the special use permit application on May I 3, 202 I
("202 I Special Use Permit") which authorized a total of I 79 residential units and 147,600 square feet of non-residential
use, as an addition to what had already been constructed; and
WH EREAS, the Applicant now seeks to develop the Project as part of the latest phase of the overall Excelsior
Park development project; and
WHEREAS, as originally proposed, this Project consisted of a mixed-use building fronting on Excelsior Avenue
with commercial space on the first floor for a daycare facility and 48 one-, two-, and three-bedroom apartments on the
remaining three floors; ten, three-bedroom townhouses fronting on Whistler Court; a two-lot subdivision; and a satellite
parking area; and
WHEREAS, based on the public's concerns raised before the Planning Board, the Applicant modified the Project
to eliminate the two buildings which were proposed to house the ten townhouses on Whistler Court; removed the
daycare facility in the mixed-use building on Excelsior Avenue; adjusted the apartment bedroom sizes to allow for a total
of 52 apartment units without changing the building size or footprint; and eliminated the satellite parking area; and
WHEREAS, as a result of these project modifications, the Applicant submitted the pending Site Plan Application
on January 3 I, 2022 and submitted a subdivision application on February 24, 2022, which was granted by the Planning
Board on June 23, 2022; and
WHEREAS, at this Board's June 23, 2022 and September 29, 2022 meetings, the Applicant presented the updated
Project design and,while no Public Hearing is mandated, the Planning Board received comments from the public including
concerning the current conditions in the neighborhood concerning the width and sufficiency of the access road,
sufficiency of on-street parking and general dissatisfaction concerning possible future inhabitance of the proposed
apartments including units to be made available to domestic abuse survivors through the Wellspring organization; and
WH EREAS, the Planning Board referred this Application to the Saratoga County Planning Board and received a
recommendation dated June 23, 202 I that the Project will have no County-wide impact or intercommunity impacts; and
WHEREAS, despite adoption of the City's Uniform Development Ordinance, the previous Zoning Ordinance still
applies to this Application and,
the Planning Board reviewed the Site Plan Application pursuant to the evaluation criteria set forth in Article 7 of
the City Zoning Ordinance; and
WHEREAS, the Applicant has provided a Stormwater Pollution Prevention Plan ("SWPPP") and drainage designs
demonstrating that the Project meets the most recent New York State Department of Environmental Conservation
guidelines; and
WHEREAS, the Planning Board has considered the 2020 Traffic Impact Study performed by GPI which included
certain mitigation to offset traffic-related impacts including extension of the westbound left turn lane from I 00 feet to 325
feet of storage length along Route 50, construction of a northbound right turn lane I 00 feet in length on Veteran's Way to
provide for turning onto Route 50 and optimizing signal timing for the new lane geometry; and
WH EREAS, the Planning Board has received guidance from the City Designated Engineers, Department of Public
Works, Saratoga Springs Fire Department, Saratoga Springs Police Department and Department of Public Safety; and
WH EREAS, the Planning Board has received comments from the public concerning road width and access-related
issues along the boulevard entrance; and
WH EREAS, the Planning Board has also received comments from the public concerning the proposed inhabitance
of the residential units to be constructed in the multi-use building; and
WH EREAS, the Planning Board has considered all comments and materials submitted in relation to this Project
and all materials related to the 20 I 7 special use permit application and SEQRA Review Record; and
WH EREAS, the Planning Board has received, reviewed, and considered the Site Plan Application, the
presentations by the Applicant, and the comments submitted by the public.
NOW, THEREFORE, BE IT RESOLVED that the City of Saratoga Springs Planning Board hereby makes the
following findings:
I. The proposed Site Plan comports with the Excelsior Park SEQRA Amended Findings Statement adopted by this
Board on April 8, 202 I, including all thresholds, limitations and mitigation measures set forth therein and that no
new or different impacts will result which have not already been identified, analyzed and addressed during the
previous SEQRA Review process.
2. The proposed Site Plan comports to the evaluation criteria set forth in Section 7.2.4 of the City Zoning Law:
a. The location, arrangement, size, design, and general site compatibility of the Project are satisfactory,
particularly given the modification of the Project by the Applicant following receipt of public comments
regarding density of development as well as parking and traffic issues.
b. Vehicular traffic access and circulation at the Project site are adequate, except where stated otherwise
below. While public comments were received concerning the width and sufficiency of emergency access,
this Board also received comments from the City Fire Department that the Site Plan causes no issues. In
addition, Board Members have individually visited the site and have not witnessed the conditions
complained of. However, in an urban environment, sometimes stopped or standing vehicles temporarily
impact two-way traffic, requiring drivers to "take turns". This is not viewed as a condition which should
prevent project advancement. In addition, modifications to the Project design have been made to
address these concerns to the greatest extent practicable. While the Applicant has demonstrated that it
is providing a sufficient number of parking spaces for its residents, the Board is concerned that by
charging residents a separate and voluntary fee for parking, those residents may opt to park on the street
which would either cause or unreasonably exacerbate on-street parking issues. This concern is
consistent with the comment raised by the City Police Department. In addition, based upon the 2020
Traffic Impact Study performed by GPI, the Project will have avoidable and undesirable impacts upon the
intersection of Route 50 and Veteran's Way/Gick Road. Absent mitigation, the circumstances noted in
the Traffic Impact Study would render vehicular access inadequate. With appropriate conditions imposed
by this Resolution,vehicular traffic access and circulation at the Project site are adequate.
c. The Applicant has demonstrated that off-street parking and loading at the Project is sufficient, and there
has been no reliable demonstration to the contrary.
d. Pedestrian traffic access and circulation at the Project is more than adequate as the Project design will
ensure walking paths. Sidewalks are available for pedestrian access and the Spring Run Trail will not be
negatively impacted by the Project. In addition, the Downtown Connector, which is part of the larger
Saratoga Greenbelt network, will soon be accessible and will provide greater pedestrian access to and
from this development.
e. The stormwater and drainage facilities at the Project are adequate based upon drainage design and the
Stormwater Pollution Prevention Plan submitted in reference to this Project. It is noted that the Project
will not encroach into jurisdictional wetlands or wetland buffers.
f. Water supply and sanitary sewer/sewerage disposal facilities at the Project site are adequate. It is noted
that the Project's estimated water consumption is within the maximum water consumption anticipated as
set forth in the Amended Statement of Findings.
g. The arrangement and adequacy of onsite and offsite lighting at the Project is sufficient. The Applicant has
demonstrated that the Project will utilize LED lighting throughout the property with vacancy sensors and
daylight timers.
h. Landscaping and screening of parking areas at the Project will be adequate as the Project design includes
ample green space, including landscaping around the proposed building and parking area, and the Project
design will maintain the I 00-foot vegetative Northway buffer.
i. Access to the Project site and other fire safety facilities for emergency vehicles is adequate. The Planning
Board has taken into consideration the opinions of the City's Fire Chief, Police Department and
Commissioner of Public Works. While public comments have centered around the boulevard entrance
being the sole point of access and incidents in which access was limited due to lane obstruction, denial of
the Application on this ground is not warranted. The Planning Board notes receipt of the Memorandum
of the Commissioner of Public Works dated September 2, 202 I in which it is recommended that Planning
Board Members visit the site, consider the one-access point issue, current conditions related to parking
and traffic and suggests that development should proceed in accordance with a holistic approach.
Planning Board Members have visited the site, have considered the point of access issue, have considered
current parking needs/conditions and current traffic conditions. In addition, the Project is part of a larger,
multi-year review effort and is therefore part of a detailed and thorough holistic approach to
development. However, the Planning Board finds that it should not be the Applicant's obligation to
address current conditions which are not being unreasonably intensified by the Project and which do not
exceed any threshold established during SEQRA Review. While severe storms may very well slow
emergency response times, this is the case throughout the City and is likewise the case in this specific
area whether or not this Project advances. Based on all facts and circumstances specific to this
Application and the larger Excelsior Park development and all related Planning Board considerations,
findings and actions, the Planning Board hereby finds that access to the Project and access by emergency
vehicles is adequate and further finds that it would not be appropriate to deny this Application based
solely on the current road configuration over which the Applicant has no control.
j. While the UDO does not apply to this Project, the Project nonetheless satisfies the evaluation criteria set
forth in Article I 3 of the UDO; and be it further
RESOLVED, that Site Plan 20220735 for the Excelsior Apartments Project is hereby approved subject to the
following conditions:
I. That the final Site Plan be modified to add the following: "On October 27, 2022, the City of Saratoga Springs
Planning Board determined that these plans conform to the SEQRA Amended Findings Statement adopted by the
Board on April 8, 202 I."
2. That the Applicant not charge a separate and/or voluntary fee of its residents for on-site parking.
3. That the Applicant extend the westbound left-turn lane on Route 50 at Veteran's Way from I 00 feet to 325 feet
prior to issuance of any Certificate of Occupancy or Certificate of Compliance being issued.
4. That the Applicant construct a northbound right-turn lane on Veteran's Way at Route 50 prior to any Certificate
of Occupancy of Certificate of Compliance being issued.
5. That the Applicant optimize signal timing for the new lane geometry.
6. That the Project meet NYSERDA new construction standards and Enterprise Green Community standards for
energy efficiency. The Applicant is to copy the City Office of Planning & Economic Development on all related
application submissions to NYSERDA.
The foregoing Resolution was Adopted October 27, 2022 by the Planning Board of the City of Saratoga Springs by a 4-I
vote (ayes: Torpey, Pingel, Fabozzi, Marshall; nay: McTygue).
The applicant is required to:
I. Provide documentation of conformance with all required conditions of approval.
2. Deliver a letter of credit or cash escrow in the amount approved by DPW to the City per Article 7.2.I 5 of
the Zoning Ordinance. This must occur prior to final signature by the Planning Board Chair.
3. Submit one (I) mylar and two (2) paper copies of the final approved site plans for signature by the Planning
Board Chair within ei�hteen (I 8) months of approval as per Article 7.2.I 2 of the Zoning Ordinance.
Note: this approval shall expire within eighteen (I 8) months of the signature of final plans if the applicant has not started
actual construction as per Article 7.2.I 4 of the Zoning Ordinance.
October 3 I, 2022 � �
Date filed with Accounts Dept. Chair