HomeMy WebLinkAbout20250989 Rt 9 / South Broadway Special Use Permit NYSDOT Lead Agency Concurrence Letter 2.6.2026
January 29th, 2026
Ms. Susan Barden, AICP
Administrator of Planning Dept.
City of Saratoga Springs
Re: South Broadway Mixed Use Development
South Broadway, Saratoga Springs New York, 12866
Dear Susan Barden:
The New York State Department of Transportation has reviewed the SEQR
documentation received per the correspondence dated December 16th and offers the
following:
1. The NYSDOT acknowledges the City of Saratoga Springs Planning Board
will be designated as the Lead Agency for this environmental review.
NYSDOT believes we are an Involved agency under SEQR.
Site and Project Description:
The project site consists of two tax parcels totaling 59 acres. The site is
currently undeveloped and forested. The project site is proximal to isolated
developments along US Route 9 and the Saratoga Spa State Park. The
NYSDEC Environmental Resource Mapper identifies informational wetlands,
Freshwater Wetlands, and National Wetlands Inventory-Riverine features
within the project site (NYSDEC). The NYSHPO CRIS viewer indicates a n
“open” consultation project #25PR07972 for the project area. The area of this
project is zoned Gateway Commercial – Rural District (GC-R), which is
defined as intending to accommodate “commercial development of a suitably
rural, low-intensity character, creating a gateway at the edge of City and into
key character areas that celebrates and preserves the natural beauty and
rural character” (UDO, 4-2). From the Comprehensive Plan’s Land Use
Categories, the area is defined as Specialty Mixed Use – Park (SP), which
allows for “ a mix of commercial and residential uses that are complimentary
to the Downtown Core…and that do not negatively impact the rural character
of the area adjacent to the Saratoga Spa State Park…a campus like
setting…bicycle and pedestrian connections to the Park and adjacent uses
should be provided (Comp. Plan, 59-60).
The project calls for clearing and development of ~11 acres as a mixed-use
space with an extended stay hotel, multi-family residential apartments, and
commercial space on the ground floor of one of the apartment buildings
(Narrative, 1). The project consists of 6 buildings: 5 residential buildings—
plus ground floor commercial—and the hotel building. The project site will
include 407 parking spaces and 102 land banked parking spaces. A special
use permit (SUP) is sought for ground-floor residential space in 4 of the
residential buildings. It is recognized that this SEQRA review is specifically
for the SUP contained within the larger development, and that planning
details will likely be forthcoming in the full site plan review—and may answer
questions raised in this document. However, many aspects of the project are
fixed and unlikely to change. With these considerations, we offer an
assessment of alignment and recommendations.
2. Transportation System Impacts:
Regarding the transportation system, the project will require a permit for work
within the NYSDOT Right-of-Way on US Route 9. The project could impact
the transportation network with the additional vehicles and trips generated by
this project.
- A Traffic Impact Study has been conducted for this project (GTS).
- This segment of US Route 9 has an Average Annual Daily Traffic
count of 21,338 (2024).
- DOT is aware of the popularity of—and thus significant trips generated
by—the Treehouse Brewery at 3376 South Broadway.
- The 85% speed is 57mph and operating speed is 60 mph (GTS, 3).
- The City has noted their desire for traffic-calling treatments in the area
of this project.
- The City has noted their question of school bus access for the project
site. School bus pickup on US Route 9 is likely unsafe and
unnecessary. Similar projects in the Capital Region have
accommodated school bus access into the development (see Century
House, Colonie).
Alignment:
Aspects of this project are in alignment with the goals of Saratoga Springs’s
Comprehensive Plan (Comp. Plan), but other aspects are misaligned or
conflict with the objectives of the Comp. Plan and other planning documents.
The central misalignments stem from the proposed usage of the SUP and
the location of this project.
Special Use Permit:
The principal concern with the SUP is that the retail space (8,000 SF) offered
in the project is insufficient to meet internal site demand. This makes
residents reliant on personal vehicles for trips to meet their basic needs. The
Comp. Plan’s land use for this area calls for a “campus-like setting” with a
“mix of commercial and residential” (59-60). A campus-like setting could
indicate a desire for self-sufficiency within developments, and without
increased commercial space this project will be unable to provide such a
setting. Although the usage of “a mix of commercial and residential” is vague,
the current ratio of residential to commercial is highly uneven and thus does
not, in our interpretation, accurately represent the intention of the Comp . Plan
(59-60). Arguments made in favor of the SUP contend that it reduces the
impacted area of the project, and that denying the SUP will require a
significant increase in the amount of land used. This is only true if the
number of apartments remains the same. A small decrease in the number of
units, and a reconfiguring of the project layout, could increase the
commercial space and allow for 1st floor residential in one building without
changing the overall footprint of the project.
Planning Document Alignment:
The project is aligned with the Comp. Plan in the general goal of increasing
available housing options and stock, and in attracting potential economic
activity. However, the project is misaligned with the overarching objectives
and vision that Saratoga Springs has identified for itself and with the
objectives, goals, and actions of numerous planning documents. The City
has a stated desire for economic activity and denser development within the
urban core (Comp. Plan, 22). The Comp. Plan also notes the desire to avoid
sprawl (25), protect natural resources and greenspace (V), and promote
pedestrian accessibility and linkages (49). This project is misaligned with
those goals as it is not within the urban core, it induces sprawl, removes
greenspace, and is isolated such that adequate pedestrian linkages are not
feasible and automobiles are required for transportation and livelihood.
Comprehensive Plan and Planning Document Alignment:
Comprehensive Plan and Planning Documents:
Objectives, Goals, Actions.
The Project
The Comp. Plan and the Open Space Plan are
explicitly “anti-sprawl policies” that seek “intentionally
conserved open space on the outskirts of the city
while concentrating development in the urban core”
(Comp. Plan, 22).
Objective: “Promoting pedestrian and bicycle
access, transit services, and transitional
neighborhood design to reduce dependence on the
automobile” (V).
• The purpose of this objective is to reduce
congestion and improve local air quality (Comp.
Plan, 10).
• This is reinforced by the Climate Smart
Communities Pledge, which is a commitment to
reducing emissions through climate-smart land-
use tools” (Comp. Plan, 23).
• The project is isolated from
practical destinations accessible
by pedestrians and bicyclists and
is not on a public transit route.
• The project does not further a
compact, walkable urban
community and does not preserve
open space.
• This project induces dependence
on automobiles and potentially
increases congestion and reduces
local air quality.
• Action: Reduce “sprawl, preserve open space,
and maintain a compact, walkable urban
community” (Comp. Plan, 25).
Objective: Maintain a compact downtown with
adequate parking and supporting infrastructure, as is
essential to businesses” (V). The plan states that
“[d]owntown is the key to the City’s economic health”
and that in tandem with open space resources “it is
the strength and preservation of these two distinct
and unique attributes that assures Saratoga’s
continued success and sustainability” (Comp. Plan,
13).
• Action: To “[e]ncourage adaptive reuse of vacant
buildings and infill” development” (Comp. Plan,
15).
• Action: Encouraging “the development of higher
density residential alternatives within the urban
core” (Comp. Plan, 51).
• Action: To promote an “intensively developed
urban core…and residential neighborhoods with
well-defined urban edges and outlying area of
rural character [with] low density residential
development” (Comp. Plan, 48).
• This project is antithetical to a
compact downtown.
• This project does not provide
higher density residences in the
urban core.
• This project potentially draws
economic activity away from the
downtown and does not provide
adaptive reuse or infill
development.
• This project does not promote
well-defined urban edges and
instead blurs the transition
between urban and rural.
• This project potentially increases
the demand for hourly/daily
parking within the urban core.
Objective: Protect open space resources that
constitute a vital economic component and are a
valuable environmental, aesthetic, and recreational
amenity (V).
• The Comp. Plan states that “economic growth
and open spaces are interdependent” while
noting the importance of “streams, corridors,
wetlands, and important habitats” and “rural
viewsheds of particular value along selected
roadways and entranceways to the city” (Comp.
Plan, 21-22).
• The project parcel contains forest,
wetlands and streams, is part of a
large undeveloped area, and is
known to contain endangered
species (EAF, 12). The project
could directly and indirectly alter
the environmental, aesthetic, and
recreational value of this area.
Objective: Support the City’s sense of history and
the “City in the Country” by preserving the quality of,
and linkages, among, cultural and open space
resources (V).
• The project develops land that
abuts public land, thus pressuring
and possibly impacting user
experience.
• Because the project requires
automobile travel, it does not
Objective: Enhancing and investing in the social,
cultural, and recreational amenities that are essential
to the City’s economic and social dynamic (V).
• Action: Develop appropriate area-specific
amenities and treatments for gateways such as
South Broadway (Comp. Plan, 48).
• Action: Provide linkages between and among
neighborhoods and linkages and interconnection
“with and among all the various social,
employment, and commercial activity centers”
(Comp. Plan, 49).
enhance linkages to cultural
resources and open spaces.
Instead, these resources and
spaces are pressured by the
increased automobile usage
necessary to utilize them.
Parking:
The project calls for 509 total potential parking spaces. The project intends to
construct 407 spaces, and land-bank 45 spaces to meet the parking
minimum (452) plus an additional 57 banked spaces. It is first important to
note that this project likely has an excess of parking because of parking
minimums and the nature of the real estate market. UDO parking minimums
for Multi-Family Dwellings of 2 per dwelling are likely excessive. The ITE
Parking Manual shows a peak demand for low/mid-rise apartments in
suburban settings of 1.2 vehicles per dwelling unit. Regarding the real estate
market, the project’s parking numbers are based on 100% occupancy of
dwelling units, where Saratoga Springs has a 6.9% rental vacancy rate (U.S.
Census Bureau; American Community Survey, 2022).
The UDO allows for land banking of up to 25% of the required spaces (UDO
10.C). The UDO also allows for shared parking as detailed in 10.B. and
Table 10-D. Internal-lot shared parking is calculated to a peak-need of 444
spaces; this could then be reduced by 25% banked parking for an initial
construction of 333 spaces. Land-banking 111 or 119 spaces is likely
feasible given the proposed parking layout.
Shared Parking Calculation
Weekday Weekend 25% Banked
Reduction Mid-7am
7am-
6pm 6pm-Mid Mid-7am
7am-
6pm 6pm-Mid
Residential
100%
Demand:
176
100%
Demand:
176
100%
Demand:
176
100%
Demand:
176
100%
Demand:
176
75%
Demand:
132
132
Hotel 100%
Demand:180
50%
Demand:
90
90%
Demand:
162
100%
Demand:
180
65%
Demand:
117
80%
Demand:
144 135
Mixed Use
(calculated
residential)
100%
Demand: 80
100%
Demand:
80
100%
Demand:
80
100%
Demand:
80
100%
Demand:
80
75%
Demand:
60 60
Commercial-
calculated as
Eating &
Drinking
establishment
50%
Demand: 8
70%
Demand:
11
100%
Demand:
16
45%
Demand:
7
70%
Demand:
11
100%
Demand:
16
6
Total 444 357 434 443 384 352 333
This table shows the individual parking demands of different development-uses based on time of day. The column in
purple indicates the highest demand time for a total of 444 spaces. The column on the far right, in green, represents a
25% reduction in that shared parking number.
Parking Minimum Shared Parking
Calculation
25% Land Banked &
Shared Parking
452 444 333
Other Misalignments:
Misalignments also exist in specificities of this project. It is recognized that
these misalignments may be resolved during the full site plan review. Below
are a sample of these misalignments and the basis for them from planning
documents.
- Lack of explanation of bicycle parking and storage.
- Lack of description and rendering of multi-use path.
- No mention of EV charging infrastructure.
- No mention of rooftop solar or other onsite renewable energy
infrastructure.
- Lack of details on stormwater management.
- Lack of emergency vehicle access simulation/rendering.
From the UDO, Comprehensive Plan, and relevant planning documents:
- Bicycle Parking, Storage, and Standards: UDO 10.5.E & Table 10 -C &
10.7
o 1 bicycle parking space per 4 units and 80% long-term spaces (10-
9).
- Pedestrian Facilities & Multi-Use Path: UDO 4.6 Table 4-I(19)
o Strongly recommended shared driveways and minimum of 500ft
between adjacent driveways. (4-23).
o Comp. Plan: Filling gaps within the sidewalk system (34).
- Electric Vehicle Infrastructure: UDO 10.5.F.1-5.
o Parking facilities of 30 or more spaces must have either 5% EV -
Capable or EV-Ready, or 2% of the required space must be EVSE-
Installed (10-8).
- Renewable Energy: Comp. Plan; Climate Smart Communities, 2011.
o “To create and maintain a city that increasingly derives it energy
needs from clean and renewable energy sources” (Comp. Plan,
10).
o To “promote both commercial and residential solar energy
projects” (Comp. Plan, 28).
- Stormwater Management: Comp. Plan.
o To “promote and encourage the use of green infrastructure…to
manage stormwater” (Comp. Plan, 26).
3. There are steps that the project can take to bring it into better alignment with
the Comprehensive Plan and the City’s goals. Recommendations for better
alignment are as follows. Consider:
- Alternative site layouts that increase commercial space, consolidate
buildings, and allow for modest 1st floor residential.
- Continued cooperation and coordination with NYSHPO regarding the
archaeological significance of this site.
- Coordination with the School District to allow for school bus access for
pickup/drop-off to the site.
- Cross-lot pedestrian access to 3376 and 3637 Rt 9.
- Cross-lot vehicular access to 3376 and 3637 for driveway consolidation.
- Traffic calming measures through gateway treatments on Rt 9 south of
Crescent Ave.
o Street trees; benches; pedestrian-scale lighting; trash cans; striped
curb-cut crossings.
- The use of internally and cross-lot shared and land banked parking to
reduce the number of built parking spaces.
- The usage of a conservation easement on the undeveloped portion of the
property. Despite being outside of the city’s conservation design
requirements, there may be opportunity for a conservation easement
under the Special Use Permit.
- The usage of rooftop solar and/or heat pumps within the development.
- The instillation of green infrastructure for stormwater management.
4. Reference any correspondence NYSDOT has received about the project –
NYSDOT Region 1 has communicated with the City of Saratoga Springs’s
Planning Department.
5. Please note that NYSDOT does not allow new development to directly
discharge stormwater into the highway stormwater management system.
6. A NYSDOT Highway Work Permit (PERM 33-com) will be necessary for any
work within the State right-of-way along US Route 9.
7. In anticipation of the Highway Work Permit, a Traffic Impact Study may be
required.
8. A PERM 32 NYSDOT permit application will be required for any utility work in
the NYSDOT right-of-way. Please submit documentation the Town will take
ownership of any proposed utilities in NYSDOT right-of-way.
If you have any questions pertaining to the Utility Permit process or requirements,
please contact Matt Haggerty at Matt.Haggerty@dot.ny.gov or (518) 461-3669. For
questions about the Highway Work Permit process and requirements, contact Wyatt
Martin, Regional Permit Engineer (Wyatt.Martin@dot.ny.gov or 518-457-4745).
Sincerely,
Gregory S Wichser, P.E.
Regional Program and Planning Manager
cc: Wyatt Martin, Region 1 Traffic
Matt Haggerty, Region 1 Construction
Paul Korowajczyk, Resident Engineer, Saratoga County
Brian Sleasman, Region 1 Design