HomeMy WebLinkAbout20221039 Excelsior Ave SUP Extension SEQRA Amended Findings Statement FINAL CITY OF SARATOGA SPRINGS
P LANNING B OARD
City Hall - 474 Broadway
Saratoga Springs, New York 12866
Tel: 518-587-3550 fax: 518-580-9480
www.saratoga-springs.org
MARK TORPEY, Chair
TODD FABOZZI
RUTH HORTON
SARA BOIVIN, Vice Chair
LEXIE BONITATIBUS
KERRY MAYO
JASON DOTY
SHAWNA JENKS, Alternate
CHRIS PIPIA, Alternate
AMENDED STATEMENT OF FINDINGS
EXCELSIOR PARK PROJECT
Lead Agency Findings: Excelsior Park Special Use Permit Application
PB# 20200574/17.074
RESOLUTION ADOPTED BY THE PLANNING BOARD OF THE CITY OF
SARATOGA SPRINGS CONTAINING SEQRA AMENDED FINDINGS ON THE SPECIAL
USE PERMIT APPLICATION #20200574/17.074 BY EXCELSIOR PARK, LLC.
WHEREAS, the Planning Board by Resolution dated October 16, 2002 adopted a
Statement of Findings pursuant to the State Environmental Quality Review Act (SEQRA) based
upon an application for a Special Use Permit filed on or about September 19, 2001 for the
development of a mixed use project (“Project”) which then became the Excelsior Park Project;
WHEREAS, the Planning Board has subsequently approved successive applications for
special use permits and site plan approvals (dated October 16, 2002, October 1, 2003, January 4,
2004, June 16, 2004, September 29, 2004, September 9, 2015, November 12, 2015) which the
Planning Board determined to be within the thresholds and limitations of the 2002 Statement of
Findings;
WHEREAS, when the Planning Board approved the first special use permit in October
16, 2002 the zoning district was Outer Excelsior Avenue District and the current zoning districts
are Transect – 4 (T-4) Urban Neighborhood and Transect – 5 (T-5) Neighborhood Center;
WHEREAS, the City Council adopted the current Comprehensive Plan on June 16, 2015,
which includes the Project site as “Community Mixed Use.” This designation includes areas of
moderate density residential and community-supported commercial uses. These areas are
characterized by mixed use neighborhoods that are walkable and connected to adjacent
residential neighborhoods. Each area includes a variety of neighborhood-scale businesses and
services that meets the needs of the surrounding community;
WHEREAS, an Application for a new Special Use Permit was filed by Excelsior Park,
LLC (“Applicant”) on November 18, 2017 and was accompanied by a Full SEQRA
Environmental Assessment Form which proposed certain changes to the uses originally proposed
as part of the 2002 Special Use Permit;
WHEREAS, the Applicant appeared before the Planning Board in February 2018 to
present the proposed changes to the uses for the Project and the development within the Project
to date;
WHEREAS, on October 16, 2018, the Applicant submitted to the Planning Board a
SEQRA Compliance Analysis Table (“Table”) which outlined the findings and thresholds from
the 2002 Statement of Findings and the changed conditions implicated by the Applicant’s 2017
Special Use Permit Application;
WHEREAS, in January 2019, the Planning Board retained the services of The Chazen
Companies as the third-party designated environmental and engineering consultant (“TDE”) to
review the Full EAF, the Table, the 2002 Statement of Findings and all other environmental and
technical information related to the Project (collectively referred to as the “Supplemental
SEQRA Record”) on behalf of the City;
WHEREAS, the TDE and the Applicant’s consultants exchanged a series of comment
letters, responses to comment letters, environmental studies (specifically including an updated
traffic study by GPI Engineering) from February 2019 to January 2021 concerning the
Supplemental SEQRA Record;
WHEREAS, on September 24, 2020, the Planning Board adopted a Resolution
establishing its intent to continue to serve as Lead Agency.
WHEREAS, in October 2020, the Planning Board circulated a Lead Agency Intent Notice
and the FEAF to all involved and interested agencies and received no objections
WHEREAS, the Planning Board conducted public meetings concerning the Application
from February 1, 2018 through April 8, 2021 at which comments were received and considered
relating to the application and the Supplemental SEQRA Record and which comments have been
considered and reviewed by the Planning Board;
WHEREAS, the Planning Board has also received and reviewed the comments received
via memoranda and letters submitted from its consultants and City Staff regarding the
Application and the Supplemental SEQRA Record;
WHEREAS, the Planning Board has received, reviewed and considered all written
comments submitted from the public to the City in all manner of communications from the filing
of the Application in 2017 until the date of the Amended Statement of Findings;
NOW THEREFORE BE IT RESOLVED that the Saratoga Springs Planning Board
hereby determines that this Amended Statement of Findings be prepared to address the changed
conditions implicated by the Application and sets forth its specific findings that no new
significant adverse environmental, social or, economic impacts have been identified as a result.
Any provision of the 2002 Statement of Findings not specifically referenced below shall remain
in full force and effect and shall not be amended in any manner by this Amended Statement of
Findings.
Section 1. Supplemental Project/SEQRA Background (2021): The 2021 Changed
Conditions
A. Proposed Changes to Remaining Developable Lands
The Applicant proposes changes to the configuration and density of the uses previously
permitted as part of the 2002 Statement of Findings. The 2002 Statement of Findings examined
230 residential units (if 15% are reserved at a level affordable to moderate income households
utilizing no more than 30% of their income for housing) and 130,000 square feet (SF) of non-
residential development (utilizing at least 20,000 SF for office or light manufacturing uses),
including office, small scale commercial, light manufacturing, institutional uses, a hotel, daycare
center, health and beauty spa, and limited neighborhood-type retail. The 2002 project also
included approximately 27 acres that would be established as a Preserve to include publicly
available parking, walking/biking trails, preserve overlook, and a boardwalk crossing for the
Spring Run trail. This Preserve area includes a 20.1-acre conservation easement, 2.55 acres of
Spring Run trail land, and an additional 4.08 acres of protected wetlands and wetland buffers
outside of the conservation easement.
Since 2002, 76,000 SF of non-residential development (including 100 hotel rooms) and
160 residential units have been approved and completed at the Project site. The Applicant is
currently proposing developing an additional non-residential 147,600 SF, 179 residential units,
and 60-room hotel, for a total Project site development of 223,600 SF of non-residential
development, 339 residential units, and 160 hotel rooms, representing an increase of 93,600 SF
of non-residential development, 109 residential units, and 40 hotel rooms, over the 2002
approved plan. The Applicant is proposing to include over 50 moderate-income housing units
(utilizing no more than 30% of their income for housing). The scope of the changed conditions of
the Applicant’s 2021 Special Use Permit request is shown below in Table 1.1 and a comparison
of the proposed permitted uses is provided in Table 1.2.
Table 1.1 (SF: square
feet, U: units) 2002
Approved
Plan
As-Built
(Including Phase
2A)
Unbuilt
Development
2021 Proposed
Plan Revised Total
Net Change
(2002
Approved
Plan vs. 2021
Proposed Plan
Non-residential Space (SF) 130,000 76,000 54,000 147,600 223,600 +93,600
Residential Units (U) 230 160 70 179 339 +109
Hotel Rooms 120 100 20 60 160 +40
Single-Family Residences 3 3 0 0 3 No Change
Condominiums NA 48 73 121 NA
Apartments NA 109 97 206 NA
Temporary Guest Suite NA 0 9 9 NA
Table 1.2 (SF: square feet,
U: units)
2002 Approved Plan 2021 Proposed Plan
Total Gross Square Footage Shall not exceed 110,000 SF, but can
be increased to 130,000 SF with an
additional 20,000 SF of office or
manufacturing
Shall not exceed 223,600 SF
Office Uses • Business Office
• Professional Office
• Business Office
• Professional Office
• Medical Office
Manufacturing Uses • Light Manufacturing
• Research & Development
• Laboratory
• Printing, Publishing, &
Engraving
• Light Manufacturing
• Research & Development
Institutional Uses • Including Educational
Facilities
• Including Educational Facilities
Service Uses • Hotel, including Meeting
rooms, restaurant, news shop,
health club
• Health & beauty spa
• Training & educational
services
• Day care facility
• Hotel (including health & beauty
spa)
• Artist studio
• Service establishment
• Training & educational services
• Day care facility
• Bakery retail
• Financial institution
Residential uses • Multi-family (apartments &
condominiums)
• Single family residents
(attached & detached)
• Two family residents
(duplexes)
• Artist studios
• Multi-family
(apartments/condominiums)
• Single family (attached/detached)
• Two family (duplexes)
• Artist studio
Accessory Uses (max 3,000
SF each)
• Café
• Bakery
• Deli-sandwich shop
• Barber/beauty shop
• Neighborhood convenience
store
• Art gallery
• Eating & drinking
establishment
• Service establishments
• Convenience sales
• Art gallery
• Eating & drinking establishment
• Parking facility/Drive-in facility
Facilities for residents and
employees only
• Recreational facility
• Storage facility
• Indoor swimming pool
• Indoor racket courts
• Greenhouses (non-commercial)
• Family & group daycare
• Solar/heating/ventilation
equipment
• Home occupation
• Temporary accessory dwelling
• Recreational facility
• Storage facility
• Indoor swimming pool
• Indoor racket courts
• Greenhouses (non-commercial)
• Family & group daycare
• Solar/heating/ventilation equipment
• Home occupation
• Temporary guest suite
• Community garden
B. Proposed Changes to Site Design
The proposed modifications are generally consistent with the design of the 2002 approved plan.
Notably, 60% of the Project site would remain undisturbed, approximately 27 acres of the project
site would remain a Preserve, and a 100-foot buffer would be provided between the Project and
the Northway. The following changes are of note:
- The proposed buildings and paving would total 5.9 acres of impervious area, for a total of
17.9 acres of impervious area on the 55-acre project area. This represents a 0.4 acre
increase in the total impervious surface area, all of which is attributable to paving; the
proposed modifications would not increase the total building footprint.
- The proposed buildings would include up to 546 parking spaces, including 247 surface
parking spaces, 155 garage parking spaces, 113 townhouse garage spaces, and 31
driveway spaces. Accounting for the 403 existing parking spaces on the Project site, the
total number of parking spaces at full build out will be up to 949. This represents a
reduction of 122 spaces, compared to the 2002 approved plan. Similar to the previous
project, approximately half (47%) of the Project’s parking spaces would be garage spaces,
with the remainder (53%) comprising surface spaces.
C. Phasing:
The 2002 Statement of Findings “anticipated that full build out” would occur within
approximately ten years and would be built in four phases. The passage of time has resulted in
the occurrence of the 2008 global recession and the 2020 COVID-19 global pandemic, which
created unanticipated economic changes in the original anticipated build-out and demand for the
uses originally conceived. The Applicant’s revised proposal sets forth a new phasing plan with
eight (8) anticipated phases over approximately ten years with start date of 2021.
Section 2. Changes to Environmental Impacts and Mitigation Measures
This section evaluates the potential for new environmental impacts and/or modifications
to the mitigation measures from the 2002 Statement of Findings..
A. Geological and Topographic Resources
The proposed modifications will not change the Project’s impact on geological and
topographic resources. There is no significant change to the grading of the site due to the site
modifications. The proposed modifications would not include roof drainage to storage cisterns (a
mitigation measure identified in the 2002 Statement of Findings); however, the modified Project
would continue to incorporate the other mitigation measures identified in the 2002 Statement of
Findings, including enhanced erosion control for steeper areas, parking drains to stormwater
collection, SPDES permit, and phased, detailed construction plans at site plan review. Mitigation
to impacts on geological and topographic resources in the 2002 Statement of Findings also
included phasing the Project so that only a portion of the project site will be disturbed at any
given time; limiting the area disturbed at any given time limits the potential for erosion and
adverse effects on topography and slopes, as well as surface water features. The modified
phasing will include eight phases over approximately ten years, resulting in smaller areas of
impact and controlled development.
B. Surface Water and Groundwater Resources
The proposed modifications will not change the Project’s impact on surface water and
groundwater resources. Mitigation to impacts on surface water and groundwater resources in the
2002 Statement of Findings included placing nearly one half of the proposed parking area below
buildings, in order to reduce the amount of impervious surface on the site and reduce potential
impacts from stormwater runoff. The proposed modifications would result in a 0.4 acre increase
in impervious surface area on the project site (representing 0.7% of the site). A Stormwater
Pollution Prevention Plan (SWPPP) will continue to be developed for each phase, meeting the
most current NYSDEC guidelines with no significant change.
C. Terrestrial and Aquatic Ecology
The proposed modifications will not change the Project’s impact on vegetation and
wetlands. The 2002 Statement of Findings indicated that over 60% of the 55-acre project site
would ultimately remain as greenspace, wetland fill in Federally regulated wetlands would be
unavoidable in areas totaling 0.088 acres, wetland impacts would include 0.04 acres of State
wetland S-16, and 1.36 acres of State wetland adjacent areas located in uplands would also be
impacted by the Project.
The proposed development would have a total disturbance area of 9.7 acres. Including
portions of the Project that have already been constructed, with the proposed modifications, the
Excelsior Park Project would have a total Project footprint of 21.8 acres, representing just under
40% of the project site; therefore over 60% of the project site would remain as greenspace. The
proposed modifications would not result in further encroachments into jurisdictional wetlands.
While the Planning Board confirmed that the wetlands analysis from 2002 is consistent with the
current conditions at the Project site, the Project will be subject to updating its wetland
delineation every five years until it reaches full build out to ensure that future phases do not
further encroach on wetlands beyond the extent identified in the 2002 Statement of Findings and
this amendment thereto. The next update will be completed in 2022. If wetland delineation
modification meets Department of Environmental Conservation and/or Army Corps of Engineers
jurisdictional thresholds, then such agency(ies) shall be contacted to determine whether any
permits must be obtained.
D. Traffic Operations
As the proposed modifications include substantial changes to the 2002 development
program and a later full build out, a full updated traffic study was performed based upon the
study metrics of those conducted as part of the 2002 Environmental Impact Statement and
resulting Statement of Findings. The 2020 Traffic Study determined that the remaining
development at the project site will generate 135 external trips (56 entering/79 exiting) in the
AM peak hour and 226 external trips (121 entering/105 exiting) in the PM peak hour.
Based on the analysis, all intersection will operate acceptably under the 2030 Build Conditions,
except for the following two intersections that were similarly identified as warranting mitigation
in the 2002 Statement of Findings: NYS Route 50 and Veterans Way/Gick Road; and Excelsior
Avenue and Marion Avenue. Based on the 2020 Traffic Study, below is a listing of mitigation
measures required to offset any traffic related impacts as a result of the construction of the
proposed modified Excelsior Park development:
• NYS Route 50 and Veterans Way/Gick Rd:
i. Extend the westbound left turn lane from 100 feet to 325 feet of
storage length.
ii. Construct a northbound right turn lane, 100 feet in length.
iii. Optimize signal timings for the new lane geometry
• Excelsior Ave and Marion Ave: Install a traffic signal.
• Coordinate with the DPW and complete the remaining traffic calming
measures at the Excelsior Spring Ave and Victoria Ln/Audrey Ln intersection.
• Conduct a follow-up traffic study if the Project is not completed by 2030.
• Maintain the constructed pedestrian/bike path from the site to the Spring
Run Trail and inspect annually to ensure ADA compliance. Maintenance will
consist primarily of trailside vegetation trimming and repair of any sections of
trail that become worn or washed out.
The above-listed traffic mitigation is based on thresholds identified in the 2020 traffic study. The
mitigation measures at NYS Route 50 and Veterans Way/Gick Rd shall be conditions of the first
site plan approval of the modified project. The condition will specify the timing of completion of
these improvements. The mitigation measures at Excelsior Springs Ave and Victoria
Lane/Audrey Lane and Excelsior Avenue and Marion Avenue shall be conditions of the second
site plan approval of the modified project. The condition will specify the timing of completion
of these improvements. This will replace the phased “trip generation” account method outlined
in the 2002 Statement of Findings.
The above-listed traffic mitigation measures supersede those included in the original 2002
Statement of Findings. Any other traffic mitigation measures included in the 2002 Statement of
Findings that are not listed above have either already been completed or were determined no
longer warranted based on the updated 2020 Traffic Study.
E. Land Use, Zoning, and Community Character
The 2002 project was proposed and approved prior to the City’s adoption of the site’s
current T-4 and T-5 zoning. The T-4 zone is intended “to accommodate development of neo-
traditional neighborhoods with primarily residential uses incorporating a mix of unit types and
small-scale commercial uses where appropriate.” The T-5 zone is intended “to accommodate a
wide variety of residential and non-residential uses, building and frontage types. This district also
focuses on providing quality streetscape amenities and civic spaces to enhance pedestrian
activity.” These zones encompass the original Project scope and uses and are not materially
different from the Outer Excelsior Avenue District in place at the time of the Project’s approval
in 2002.
In 2015, the City modified its Comprehensive Plan to include the project site as
“Community Mixed Use,” which “designation includes areas of moderate density residential and
community-supported commercial uses. These areas are characterized by mixed use
neighborhoods that are walkable and connected to adjacent residential neighborhoods. Each area
includes a variety of neighborhood-scale businesses and services that meets the needs of the
surrounding community.” The CMU designation is not materially different from the SDA
designation which was part of the 2001 Comprehensive Plan when the Project was originally
reviewed and approved.
The 2002 Statement of Findings notes that the commercial portion of the proposed
Project represented 5% of the existing commercial space in the downtown zone. While additional
commercial development is proposed, a significant amount of commercial development has
occurred downtown since 2002 and, consistent with the mitigation from the 2002 Statement of
Findings, retail would be limited to spaces no larger than 3,000 SF to serve employees and
residents of the immediate neighborhood. The 2002 Statement of Findings also included a
mitigation measure limiting the size of the hotel to 120 rooms; the modified Project includes a
60-room hotel, for a total of 160 hotel rooms on the Project site. The Planning Board finds that,
given changes and growth that has occurred in the intervening years and that is projected to
continue to occur, this larger hotel component will not result in new significant adverse impacts.
Lastly, the 2002 Statement of Findings includes the following mitigation measure:
“Special construction material and practices typical for hotel design will be incorporated into the
proposed hotel, planned for Buildings D and C, to reduce internal noise levels to acceptable
levels. Buildings A, B, E, and F will be restricted from any residential uses, as will building C
and D, if not utilized as a hotel.” In consideration of the proposed modifications, this original
finding is modified as follows: “Potential noise impacts will be mitigated on an individual basis
during subsequent site plan reviews, including use of noise-attenuating construction, as needed.
In addition, maintenance of the 100 ft. vegetative buffer along the Northway will minimize the
impacts of noise from the Northway on the project’s residential uses.”
F. Community Services
Due to the changes in the number of residential units, the water consumption for the
Project increased from 100,040 GPD to 101,010 GPD (a <1% increase), which the Planning
Board determined to be a minor increase and therefore of little to no impact. As noted in the
2002 Statement of Findings, confirmation of capacity to serve the site from water and sewer
providers will be required at site plan review.
The applicant estimates annual electricity demand of 3,001,940 Kw, which the Planning
Board determined to have no impact, compared to the 2002 approved project. The applicant will
further minimize future energy demand by incorporating renewable energy sources (e.g., solar
panels) into future phases, as feasible, during site plan review.
The 2002 Statement of Findings indicates that the full build out of the project will impact
school enrollment by less than 1%. As the proposed modifications include an additional 100
residential units (excluding the 9 short-term guest amenity units), compared to the plan approved
in 2002, the potential for new impacts on the Saratoga Springs School District was evaluated. At
the time of the Project’s review and approval in 2002, the School District had a combined
enrollment of 6,905 students. In the intervening years, the School District’s enrollment declined
by 564 students to a total June 2018 enrollment of 6,341. Based on an average of 0.3 students per
new residential unit, the remaining 170 residential units to be constructed (excluding the 9 short-
term guest amenity units) would generate 51 students. When added to the June 2018 enrollment
of 6,341, this would represent an increase of less than 1%, which is consistent with the 2002
Statement of Findings.
G. Socio-economic Setting
The 2002 Statement of Findings indicated that, when full build out is achieved, the
impact on population within the City will be less than 2%. The proposed modifications would
increase the number of residential units; however, given the growth that has occurred throughout
the City of Saratoga Springs in the intervening years, these additional residents are not expected
to result in a new impact on the socio-economic setting. In addition, the proposed phasing of the
development would result in gradual population increase over the 10-year span of the project.
The 2002 Statement of Findings made a fiscal impact determination based upon the following
support: “The retail component of the project will be ancillary and is not expected to draw
customers beyond the immediate area of the proposed project site. New residents and employees
will increase overall spending. The Spring Run Trail connection to Excelsior Park will provide
potential customers with a direct link to the downtown area, in particular during the summer
months.” The retail component of the Project, while increased from that analyzed in 2002,
remains ancillary and consumer spending will necessarily increase with new residents and
employees. The proposed modifications do not alter the Spring Run Trail connection. Therefore,
the proposed modifications will not change the project’s impact on the socio-economic setting.
RESTATEMENT OF CERTIFICATION
In accordance with the requirements of the SEQRA Regulations, the Planning Board
hereby restates and recertifies that:
The requirements of the SEQRA Regulations set forth at 6 NYCRR Part 617 have been
met; and
Consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the Project as modified avoids or minimizes adverse
environmental impacts to the maximum extent practicable and adverse environmental impacts
will be avoided or minimized to the maximum extent practicable by incorporating as conditions
to the Decision those mitigation measures that have been identified as practicable.
Adopted by the Planning Board: April 8, 2021 (Ayes: To rpey, Boivin, Fabozzi,
Bonitatibus, Mayo, Doty).
April 26, 2021
Date Chair