Planning Board

PLANNING BOARD MINUTES WEDNESDAY, JULY 28, 2010 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Jamin Totino, Vice-Chair; Amy Durland; Philip Klein; Dan Gaba; Suzanne Bernardi-Cleary ABSENT: M. PERKINS STAFF: Bradley Birge, Administrator, Planning & Economic Development CALL TO ORDER: Chair Clifford Van Wagner called the meeting to order at 7:03 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner said the proceedings of this meeting are being taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript of the recording. REPORT ON ADMINISTRATIVE ACTIONS BY THE CHAIR 04.103.5 Hampton Inn & Suites, 38 High Rock, street tree relocation: approved. 09.020.2 Saratoga Strike Zone, 32 Ballston Avenue, removal of 1 parking lot light: approved. 09.026.1 Saratoga Hospital, 211 Church Street, Myrtle Street, parking lot sign: approved - consistent with revised PUD legislation. 10.016.1 Saratoga Eagle, 45 Duplainville Road, parking lot modification: approved. PROJECTS ADJOURNED TO SEPTEMBER 8, 2010 10.013 WHITE FARMS ROAD BED AND BREAKFAST, 66 White Farms Road, public hearing for special use permit for six room corridor bed and breakfast in a Rural Residential-1 District. 10.024 LOGISTICS ONE FLEX WAREHOUSE EXPANSION, 29, 31 & 33 Cady Hill Boulevard, site plan review of warehouse expansion in the IND-G General Industrial District. 10.026 SHANGHAI GRILL, 175 South Broadway, public hearing for a permanent special use permit in the Transect-5 district. 10.028 CELLCO-VERIZON CELL TOWER, 81 Nelson Avenue, SEQRA evaluation of potential environmental impact for a new 90’ monopine telecommunications tower and associated equipment in a Urban Residential-2 District. 10.027 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, public hearing on special use permit for multi-family housing in the Transect -4 District. 10.031 307 GRAND AVENUE MULTI-FAMILY, 307 Grand Avenue, review of site plan for multi-family housing in the Transect-4 District. 10.032 CHLOE’S WAY SUBDIVISION, East Broadway near Garfield Street, public hearing on a subdivision of 5.9 acres resulting in 31 residential lots in a UR-2 District. 10.034 LEONARD BUS FACILITY, Lot 2, Grande Industrial Park, Site plan review for bus garage and maintenance facility in the Industrial-General District. 10.035 SLACK CHEMICAL PROPOSED NORTH WAREHOUSE, 21 Grande Boulevard, review of site plan for warehouse in the General Industrial District. 10.022 KDI PROPERTIES, 104-106 Congress Street, SEQR coordinated review of mixed use building in the Transect -6 District. 10.023 WEST SIDE STADIUM CAFÉ, 112 Congress Street, SEQR coordinated review of new porch addition in the Transect-6 District. UPCOMING SCHEDULE PLANNING BOARD MEETING/AGENDA WORKSHOPS: No meetings are scheduled for the month of August. Planning Board caravan will be held on Tuesday, September 7, 2010 at 4:00 PM Planning Board workshop will be held on Tuesday, September 7, 2010 at 5:00 PM. Planning Board meeting will be held on Wednesday, September 8, 2010 at 7:00 P.M. PRIVILEGE OF THE FLOOR: Opportunity to allow citizens to address planning issues not on the scheduled agenda. Hearing none. APPLICATIONS: 1. 04.076.2 EXCELSIOR PARK – PHASE 3, 264 Excelsior Avenue, extension of a permanent special use permit in a T-4 Urban Neighborhood District And T-5 General Urban Neighborhood. Applicant: John Witt Agent: Dave Carr, LA Group DISCLOSURES: Amy Durland stated the Excelsior Park Project Application has come before the Board a number of times including when she was on the Zoning Board, While on the Zoning Board I requested advice from the Assistant City Attorney who was the Zoning Board Counsel and he indicated it was not necessary for me to recuse from this application. I should, however, disclose that I had participated in the review of this application as a concerned citizen, and I have no financial interest or conflict of interest in this project. I am able to treat this application impartially and fairly and I just wanted to to indicate that I have chosen completely voluntarily to recuse myself City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 2 of 9 from a very distinct portion of this project which is the plan for several houses that I consider to be in my neighborhood. David Carr, from the LA Group, representing John Witt, of Witt Construction. We are here tonight for a special use permit extension to the end of December 2011 which is 18 months. The entire site is 53 acres, it is split by a city owned right-of-way, at the time of the project only included a city water line from Excelsior Avenue to the Town of Wilton. A right-of-way was turned over to the City for a trail with a bridge, which is in place and the road is in place. A letter of credit remains in place. One house is constructed, 2 remain to be constructed on the southern portion of the project. The area that separates the southern and northern portions is an open space of about 20 acres including wetlands, archeological sites, and over that area has been placed a conservation easement and there is a very extensive Management Plan which is on file with the City. Most of the project today is in the northern portion, with many amendments and approvals. The original special use permit for this project was granted in 2002, which included 4 phases: 127,000 square feet of non-residential square footage to be developed for commercial/office/retail/hotel, up to 200 dwelling units and up to 3 single-family dwelling units, which have been developed on Eureka Avenue. There are four phases in the special use permit and I will go through these now. Phase I – a total of 100 residential units could be built and the three homes on Eureka Avenue could be built, and 70,000 square feet of commerical space. Phase II – a total of 60 residential units could be built and 30,000 square feet of commercial space and the hotel. Clifford Van Wagner, Chairman stated what we are seeing here in the Phase numbers are timing and density issues but not location specific. The Planning Board felt because it was such a big project and may go over a long period of time, that it may make more sense to leave it up to the Planning Board as they move through the project. This meets the intention of the T zones. The T zones are pretty much a mixed bag of uses within themselves and the underlying zoning on this site is T-4 and T-5. Also as part of the original approval or that site plan approval was also a subdivision and the development of all the infrastructure. All the infrastructure the roads, the sidewalks in front of the developed buildings, the water, the sewer, the storm water was all developed in Phase I. All these roads and major streets are intended to be turned over to the City, they are meant to be City streets. I don’t believe that they have been turned over yet but they are constructed. Phase III - can contain buildings not built in Phases I and II, per special use permit. A total of up to 50 more residential units. Phase IV – a total of 40 more residentail units for a total maximum of 200 units. Total square footage is 150,000 square feet of commercial space. Each phase had a sunset date on it. If a building permit was not pulled by the sunset date then basically the special use permit was null and void. So Phase I and Phase II were started, so they are maintained. Phase III has not. That is why we are here for Phase III. Phase IV, is also up at the end of 2011. Clifford Van Wagner, Chairman questioned the agent for the applicant statingt this site plan City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 3 of 9 allows you 200 residential units. The applicants agent stated unless the applicant decides to construct some affordable units and I will explain that. The maximum of 200 units is allowed. Amy Durland questioned the applicants agent stating has site plan approval already been granted for Phase I and Phase II? The applicants agents stated Phase III expired in 2008 and we are here for our second extension. Amy Durland questioned the applicants agent if there are site plans for both Phase I and Phase II. The applicant would have to appear before the Planning Board for site plan approval prior to building a building that has not been constructed. Amy Durland, stated in the special use permit at the end of each Phase it indicates that site plan approval shall be obtained and a date is specified or this special use permit shall expire. David Carr, agent stated correct and the way the City’s special use permit code is written is that if you pull a building permit and start construction on a building in that Phase or with that special use permit then if it is a permanent special use permit than it is permanent. Amy Durland stated the special use permit that was written for this project seems to be indicating that the continuation of the special use permit is contingent upon actual site plan approval for each phase. David Carr, agent for the applicant stated correct and we have site plan approval for Phase I and Phase II. We don’t have for Phase III and that is why we are here. Each additional Phase allows you to go back and pull all the density that was not used into that Phase. So, if Witt Construction wanted to and I know they don’t because the financing is not out there, the buyers are not out there they could pull in the 70 units that weren’t constructed in Phase I and the 60 in Phase II. They could basically build 170 units in Phase III if they chose under the special use permit. Clifford Van Wagner, Chairman questioned Mr. Carr if he was before the Board this evening for an extension of a special use permit of Phase III, and if that is granted in order to get a site plan, your client has to bring in an application which shows what you want to build and at that point in time in the next 18 months a site plan has to be voted on within the next 18 months and the applicant has to begin construction. Tonight you are looking only for the extension of the special use permit. Jamin Totino, questioned Mr. Carr regarding what the entire project consists of. You have 200 residential units, up to 100,000 square feet of office, up to 100,000 square feet of manufacturing, up to 50,000 square feet of institutional, up to 55,000 square feet of a hotel, up to 20,000 square feet of a health and beauty spa, and up to 10,000 square feet of retail. Let me clarify that. That does not mean you can add all those together. That is a maximum for each use. Amy Durland questioned Mr. Carr, so the total for non-residential is 110,000 square feet, plus City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 4 of 9 a potential for another 20,000 square feet of preferred uses. Mr. Carr stated that is correct. Those maximums that were just given are the maximums for each use. The Planning Board at the time did not want that whole 110,000 square feet taken up with office. They wanted a true mixed use. In 2003 the people that came in with the hotel obtained a amendment to the special use permit to allow more square footage for the hotel. They went from 55,000 square feet to 74,000 square feet, and less rooms. It became a bigger hotel because it is a Suites Hotel. That square footage was taken away from the other uses. The addtional square footage was not added on to the 110,000. It meant that the remaining uses had to stay within 36,000 square footage left. Amy Durland stated to continue on with Jamin’s question it is also up to 200 units of residential with the potential for 15% more affordable housing. David Carr stated just to finish up my presentation I was reviewing everything today through the site plan over the years there are three fairly larger issues than the others on this. One is affordable housing, two is traffic and three is the preserve. Affordable housing the way it is written in the special use permit is your 200 units is the cap. You are allowed 15% beyond that if you introduce what they are calling affordable to moderate units up to 230. Now, it goes a little further and says they do not want the affordable units separated, they want them interspersed throughout the project. So in the special use permit what the City wanted in the code is that within the first 100 units they would like 10 of them to be affordable/moderate. The definition of moderate income household in the special use permit is a household with an income of less than 80% of the median household income for the Albany/Schenectady/Troy statistical area. That number is defined by the Office of Community Development which is Bradley Birge’s office. Is the applicant intending to do that. I do not know the answer. I believe he is intending to do that because 30 units is a considerable amount of units. Does he have to do it. No. Can the Planning Board twist his arm a little. I think so, when it gets up to 100 unit number. Amy Durland questioned David Carr as to how many residential units have been completed to date? David Carr answered 30. Amy Durland questions David Carr in how many buildings? David Carr answered just two. Amy Durland stated there is an item in the special use permit that indicates they need to be intermingled. It further clarifies that it should not be separated into one or even several buildings. My question and one of my concerns is that if the affordable housing is on the table and I understand that is still a question but if it is than I think it needs to be planned very soon. David Carr stated, it needs to be planned when there is a plan. There are buildings but I will be very honest with you, there is no financing available right now for condominiums. My applicant right now does not have a plan. He has a building, he received a building permit for a building M for forty units back in 2003-2004 and lost his financing then. This is not necessarily a site plan issue but it comes down to more to the numbers. I would think if you are going to intersperce these they do have to be planned. City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 5 of 9 Amy Durland stated that her read on the special use permit is that these can either be rental or owner occupied. David Carr stated I believe if they are sales that value has to stay for a certain period of time. If I were to buy an affordable unit I cannot turn around and flip it in a year. There is some sort of vehicle to protect that. Clifford Van Wagner, Chairman stated the message you need to take back to the applicant is when and if this Planning Board will be looking for an affordable housing component. David Carr, stated unfortunately 18 months is not a lot of time. You want to keep the project going but you have got to get your approvals and your building permits and you have to begin construction. Amy Durland questioned Bradley Birge, Administrator Planning and Economic Development what the extension allowances are for special use permits and site plan review? Bradley Birge, Administrator, Planning and Economic Development stated the applicant is allowed up to two extensions for 18 months each for the special use permits, and site plans as well. Amy Durland questioned if this applicant hasn’t already exceeded the limits. David Carr, stated no, this is the second one. Amy Durland, stated it maybe the second one but we have gone way over 18 months times two since 2001. David Carr stated yes, but this is Phase III. Phase I and II are finished. The sunset date was 2008 and another extension will bring us to the end of 2011. The second issue is traffic. There was an extensive traffic study done as part of the SEQRA process. There is a provision in the special use permit, actually mitigation measures that are listed and some of them have already been constructed or are under construction. The Planning Board has the right to ask the applicant to re-visit the traffic study when he comes back for site plan approval at any Phase. There are also threshholds for vehicles trips. The third issue is the Preserve which the new members don’t realize what the preserve is. The preserve is a 20 acre piece of property that is behind Eureka and north of the Spring Run Trail. The Spring Run Trail which is near completion. Part of the Eureka Plan was that Witt Construction had to build a bridge over the right of way and Witt Construction turned this old railroad bed over to the City for the trail. The bridge is in place. That was completed as part of Phase I. Also as part of the special use permit was a fairly extensive Management Plan for this land which is again 20 acres. There are an extensive wetlands in there, sensitive archeological areas in there, and the Planning Board at the time wanted a conservation easement placed over that which has been filed. There is also a Management Plan that was developed with a wetlands biologist from our office Nancy Butcher, Charles Morrison and Jeff who spent quite a bit of time putting together this Managment Plan for the preserve. The Management Plan states the point of the preserve is to just preserve the land. There are some educational opportunities. Really it is just passive recreation. There is also a plan for a trail from the development and there is a provision for a trail that is basically farily clear. There is a clearing as part of the National Grid remediation of the creek. The trail will cross the wetlands, cross the creek and meet up with the Spring Run Trail that is now under construction. It could have been required in Phase II, the Planning Board City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 6 of 9 at the time did not do that. I believe they probably did not do that because there was no trail to meet it up with and this is a pretty sensitive area and they really want people keeping to the trail. As part of the preserve there is actually a management committee that can be set up by the Planning Board that I believe has not been set up. The committee is three representatives from the Homeowners Association of the Development a representative from Saratoga Planning, a representative from City Government and a representative of the Woods neighborhood. The Woods Neighborhood is basically where Amy lives. A person from that neighborhood and basically the Planning Board has the right or is responsible to set up that committee. This can be done now. That committee is basically in charge of the preserve. The Management Plan is on file with the City. It inventories all the wetlands, the flora, the fauna and the archeological sites. We are here to keep the project going. I don’t know where it is going but a lot of time has been spent developing the plan, going through the environmental issues, so we are asking the Board to extend the special use permit for another 18 months. Clifford Van Wagner, Chairman stated when we met on Monday night, Paul Male was with us and one of his questions was is the bridge complete? David Carr stated I drove over it. I believe there are some aesthetic things that need to be done. The railings are up, they possibly maybe waiting until all the heavy construction work is done to be completed. It is supposed to be faced with stone. I believe the City still holds some of the letter of credit on that. The structure is in place, the rails are in place, it is safe to drive over, it is safe to walk under but I think it does need to be finished. Clifford Van Wagner, Chairman stated Paul Male indicated the City does have a letter of credit and nothing has been done with it. Lastly, he indicated there are some inspection fees that are required. Other than that this is what we asked for and it was very valuable for us and new Board members here. Any further questions or comments either from the Board or from Brad? Amy Durland thanked David Carr for his presentation which was very good. I agree with your assessment of the three major areas that need to be resolved in various ways. In terms of the affordable housing, this was a strong requirement of the Planning Board at the time. As you know there was some discussion with the applcant about when to do the affordable housing and the Planning Board really insisted that it be done as you said within the first 100 units, at least 10 units, intermingled. It has been so many years and only a small portion of the project has really been built and I am just wondering how we should proceed, and I would be interested to see if the Board would want to continue that approach, and have certain expectations about that. Then, the preserve, your description about that managment committee was accurate and it seems that I would like to put that out on the table all these things need to start happening. All these things need to be addressed. All these things need to be planned and I am not quite sure how to go about it. Clifford Van Wagner, Chairman stated this is our first opportunity because two years ago this trail which is almost completed was just a wish. I think you are right, I don’t think there is anything that could have been done ahead of time. David Carr stated now does seem like the time because now you are going to have people introduced to the area and now maybe a time to discuss signage. Keep out signs. What you can do, what you cannot do in certain areas. Things like this are important because if you read the document a lot of it has to do with preservation. So, I think now is probably a good time for that committee to at least think about it. I could not find anywhere where that was tied to an City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 7 of 9 approval or timing. I did go back to Phase I and it was never discussed at the Planning Board Meeting for site plan approval. Clifford Van Wagner, Chairman suggested let’s take those two comments. First of all, affordable housing is something that we need to address. I think the applicant needs to file it. Until we have the application there is not much we can do. We cannot force the applicant to bring an application to us. If 18 months expires, if this extension is approved, which I assume it will be, then if the applicant brings nothing to the table in 18 months all the approvals are gone and we start all over again. If he does bring a project in front of the Board then the same stipulation that you need to have a minimum of 10 units within the first 100 interspersed. David Carr stated the applicant does know that and we have discussed that. I cannot speak for him and I can’t guarantee it but he has been told and he will be told again tonight. Clifford Van Wagner, Chairman stated my point is if it is not waived then it still stands. I don’t see any interest at the table to waive it. So, therefore, it is still in existence. David Carr stated the good thing from the affordable housing standpoint is that there have only been 30 units built so there is a lot of density that those units could be interspersed and left. It is not like there are 100 units built and there is only 100 left. 75% of the units are still out there. Clifford Van Wagner, Chairman, stated also keep in mind that he does not have to do affordable housing if he chooses to do a maximum of 200 then we have no leverage. It is on record what we have requested and I think we have covered that tonight and we can walk away from that knowing if he comes back in that is what we want to see, but we do have to be cognizant of the fact if he does decides to build the maximum 200 residences and not ask for the density bonus he does not have to do it. David Carr agent for the applicant stated as far as the preserve and the trail, It is a good idea to get that committee going. It would make the project more marketable if that trail was in place. That trail is really going to help the residents more. There is no reason for somebody to leave the Spring Run Trail to go up there. There is more reason for the people up there to get down to the trail. Clifford Van Wagner, Chairman suggested that the committee is not tied to this Special Use Permit. I think we should call the vote on the extension request. As a seperate issue this Planning Board should sit down with staff, get the particulars of the Management Plan that has passed. Perhaps Brad and staff can put it all down so we know exactly what we are looking at and then this Board is to make a final decision on those committee members. After you get that information to us as a separate and distinct issue outside this extension we should proceed with that. David Carr agent for the applicant stated that committee may want to be part of the trail is still under construction may want to be part of the finishing of that or may have some ideas for finishing the project. Amy Durland stated I believe the committee was intended to part of that. I think there are some provisions within the Managment Plan that suggest that. Jamin Totino, questioned if the HOA is in place for the 30 units. City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 8 of 9 David Carr agent for the applicant stated he believed so, he believed it has to be. It is a pretty small HOA at this point. All 30 units are occupied. I am not sure if they are all full time residents or not. A lot of them are. Clifford Van Wagner, Chairman stated there are a few issues in front of us tonight. The first issue is to have a request for the extension of the Special Use Permit extend through December of 2011. It is in our best interest to extend this because that gives us control as the verbiage has indicated. Is there a motion to approve the 18 month extension to December 2011 for Phase III? Motion by Jamin Totino, seconded by Dan Gaba. Amy Durland stated for the record I am going to support the motion but I still can’t quite reconcile the language of the Special Use Permit with what is being requested for Phase III which is what is on the table now. It says quite clearly and plainly that site plan approval for Phase III shall be obtained prior to December 31, 2008, or this Special Use Permit shall expire. VOTE: J. Totino, in favor; A. Durland, in favor; P. Klein in favor; D. Gaba, in favor; S. Cleary, in favor; C. Van Wagner, in favor Absent: M. Perkins Motion passes 6-0. Clifford Van Wagner, Chairman requested from Bradley Birge, Administrator, Planning and Economic Development, to pull the Management Plan so that the Board can pursue the make up of that committee, and look at the regulations. Do we appoint the members to the committe or do we approve those who want to be on this committee? If you can get us the information, I agree it should be put into place and we can start to work on this. MOTION TO ADJOURN: There being no further business Clifford Van Wagner, Chairman adjourned the meeting at 7:55 PM. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 9/29/10 City of Saratoga Springs Planning Board Minutes – July 28, 2010 - Page 9 of 9