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HomeMy WebLinkAbout2023 UDO Text Amendment-Homelss Shelters 23-101MV (Saratoga Springs, UDO Amendment) July 27, 2023 Dillon Moran, Commissioner of Accounts City of Saratoga Springs City Hall 474 Broadway Saratoga Springs, NY 12866 Sent via email to: dillon.moran@saratoga-springs.org Re: SCPB Referral Review #23-101 - Zoning Amendment-Text - City of Saratoga Springs Proposed textual amendment to the City’s Unified Development Ordinance (adopted by Local Law No. 2 of 2022) to establish and define a dimensional requirement for the siting of “Homeless Shelters,” with the requirement being a 1,000-foot buffer or separation of such shelters from educational facilities, either Primary or Secondary. Location: City-wide Tax Map #: n/a Received from the City of Saratoga Springs City Council on June 8, 2023. Reviewed by the Saratoga County Planning Board on July 20, 2023. Decision: Approve Comment: The Saratoga County Planning Board recognizes the role of the elected City Council in adopting legislation. In respect of that authority and diligence, the SCPB very infrequently has reason for presenting objections or raising issues with legislation meant for health and general welfare of citizens - this proposed Council action is no different, but our review created the need to obtain very general clarification or enhancement from additional sources other than the material submitted. Based upon existing UDO text we find the proposed amendment to be featured as a new standard (f) in Article 8 (Uses), Section 8.4 (Def. and Standards), as seen below: Article 8 - Uses: Section 8.4 PRINCPAL USE DEFINITIONS AND STANDARDS RRRR. Shelter, Homeless 1. Definition A licensed facility that provides shelter to the homeless population in general. 2. Standards a. All homeless shelters must be licensed by and follow all regulations established by New York State. b. On-site management is required when the shelter is open. A management and operations plan must be submitted and include: i. Description of principal and accessory uses on-site. ii. The size of the facility (maximum number of beds or persons permitted to be served by the facility). iii. Designation of a manager who will serve as a point of contact for the public and the City, and the name and phone number of person acting as 24-hour contact. iv. Operation of the use, number and professional qualifications of staff, management of volunteers, and policy for client conduct. v. A security plan to ensure safety for staff and clients. July 21, 2023 Page 2 of 2 c. An indoor waiting area for intake is required. No queuing may occur outside. Any outside areas designated for smoking must not be visible from the street. d. Associated outdoor facilities that are visible from the street or share a lot line with a residential or residential mixed-use area are limited to the hours between 8:00 a.m. to 7:00 p.m. e. To avoid overconcentration, an applicant must supply an analysis of current locations of homeless shelter facilities. f. "All homeless shelters shall be located a minimum of one thousand (1000) feet from the grounds of any Educational Facility - Primary or Secondary." One request made (and received) by SCPB staff during its review was for additional information to clarify the definition of “any Educational Facility” in order to develop an understanding of what constitutes an EF, and to determine if EFs alone are the only use deemed vulnerable and in need of a buffer. If protection and safety are the driving purposes for a 1000-ft buffer, it may seem that at some point the City may want to or be asked to consider establishing buffers for a use or uses other than homeless shelters. We understand through an email response from City planning staff that the UDO does not define a school and the proposed amendment simply uses “Educational Facility – Primary or Secondary.” Part of the unstated reason or purpose for a buffer is believed to be the simple provision of safety through distance between certain uses/users. We noted, however, that a defined EF does not include colleges, preschool or daycare facilities. Does this mean that the protective nature of a buffer is not needed and not afforded, for example, to Skidmore College, Empire State College, YMCA Daycare, Saratoga Independent School, or the various other childcare, preschool and daycare operations throughout the City? Also asked during staff review – sort of looking at this proposal in reverse - was if the proposed future permitting and locating of a public, private or parochial EF would be required to meet the same requirement for a 1,000-foot buffer from an already-existing homeless shelter? Again, restated is this body’s approval of the proposed textual amendment, with a few questions posed for the Council’s consideration, if deemed necessary. Sincerely, _____________________________________ 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 inf ormation presented by its staff. The SCPB cannot be accountable for a decision rendered through incomplete or inaccurate inform ation received as part of the complete statement.