Planning Board

PLANNING BOARD MINUTES WEDNESDAY, FEBRUARY 8, 2012 7:00 P.M. CITY COUNCIL ROOM PRESENT: Clifford Van Wagner, Chair; Amy Durland, Philip Klein, Dan Gaba, Howard Pinsley, Mariesa Coppola ABSENT: Tom L. Lewis, Vice Chairman STAFF: Kate Maynard, Principal Planner CALL TO ORDER Clifford Van Wagner called the meeting to order at 7:02 P.M. SALUTE TO THE FLAG ANNOUNCEMENT OF RECORDING OF PROCEEDING Clifford Van Wagner, Chairman, stated 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. ANNOUNCEMENT OF ADJOURNED PROJECTS ADJOURNED AT THE APPLICANT'S REQUEST: -11.037 SARATOGA YOUTH LACROSSE FIELDS, Weibel Avenue, soil and sediment control plan for two lacrosse fields in the Transect-4 District. -11.022 181 PHILA NEIGHBORHOOD ROOMING HOUSE, 181 Phila Street, public hearing for special use permit for neighborhood rooming house in the Urban Residnetial-3 District. -11.002 BUFF ROAD SUBDIVISION, BUFF ROAD AND ROUTE 9N, Public hearing for a final 15 lot subdivision in the Urban Residential-1 and Rural Residential-1 Districts. ADJOURNED – WAITING FOR ADDITIONAL INFORMATION: -11.049 THORNTON SUBDIVISION, 215 Grand Avenue, public hearing for a two lot subdivision in the Urban Residential-2 District. UPCOMING PLANNING BOARD MEETINGS/AGENDA WORKSHOPS: Planning Board Caravan, Tuesday, February 21, 2012 at 4:00 P.M. Planning Board Workshop, Tuesday, February 21, 2012 at 5:00 P.M. Planning Board Meeting, Wednesday, February 22, 2012 at 7:00 P.M. PRIVILEGE OF THE FLOOR Clifford Van Wagner, Chairman, gave this opportunity to allow citizens to address planning issues not on the scheduled agenda. None heard. APPLICATIONS 1. 12.005 HOLIDAY INN, 232 Broadway, site plan review of fitness and business center addition in the Transect-6 District. Applicant: Saratoga Pelican Association, LLC Agent: Matt Brobston, LA Group SEQRA: Action appears to be a Type II action. Clifford Van Wagner, Chairman stated a variance was granted by the ZBA for 650 ft exceeding 1500 square foot threshold for not meeting two story requirement on November 21, 2011. DRC approval was granted. Existing zoning is T-6 urban core. Matt Brobston, LA Group gave a visual presentation to the Board of the project. On site parking currently provides 168 spaces. Per Planning Staff comments, we checked existing handicapped parking on-site, and discovered that we are lacking two required spaces. Two additional handicapped spaces will be added with a loss of 3 spaces making the total 165 when the project is completed. Parking is not required in T-6. Clifford Van Wagner, Chairman asked if there were any further questions from the Board. None heard. Clifford Van Wagner, Chairman stated the City Engineer at the workshop indicated a letter of credit request requirement can be waived with the understanding that 25% of on site improvements is less than $10,000, His recommendation was basically a compromise halfway in the amount of $5,000. Clifford Van Wagner, Chairman asked if anyone in the audience wished to comment on this application. None heard. City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 2 of 8 Howard Pinsley made a motion to approve the site plan for the Holiday Inn, 232 Broadway. Seconded by Philip Klein. VOTE: Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 6-0 2. 11.042 STEWART'S SHOPS CORP., RICHARD FARRELL, 11 and 15 Maple Dell, request for an advisory opinion to the City Council for Zoning Map Amendment change from Tourist Related Business District to Highway General Business District, and consideration of a Zoning Text Amendment change to Tourist Related Business District. Applicant: Stewart Shops Agent: Jennifer Howard, Stewart's Corporation SEQRA: No SEQRA action required with advisory opinion. Clifford Van Wagner, Chairman stated Stewart's Shops Corporation, and Richard Farrell for a 1.23 acre parcel at 11 Maple Dell (Tax Parcel ID#166.5-2-40); and a 0.81 acre parcel at 15 Maple Dell (Tax Parcel ID166.5-2-39). The petition for Zoning Amendment is a request to change the current zoning designation from Tourist Related Business District (TRBD), to Highway General Business District (HGBD). The reasons cited for the proposed change is a desire to allow for a wider range of uses that are afforded under HGBD, in particular an office and retail use. Parcels located within Marion Avenue Gateway location – entails additional design elements and review by DRC. Clifford Van Wagner, Chairman stated even though the code does not require the Planning Board to hold a public hearing on an advisory opinion we are going to change our policy to reach out to the residents in the area when a request like this is made so that there is less confusion. This project is back in front of this Board for a non-binding recommendation from this Board to the City Council. At the City Council Meeting Commissioner Franck instructed the Planning Board to review not only the change in zoning from TRBD to HGBD he also requested the Board to look at a text amendment in order to review this project. This hearing does not have anything to do with any requests by any individuals to rezone Maple Avenue and a portion of Maple Dell. That is not the purpose of this meeting and this is not what we are going to talk about this evening. We are hear to discuss the Stewart's Shops and Dr. Farrell's office at 11 and 15 Maple Dell for either a Zoning Map Amendment change or a Zoning Text Amendment Change. There are two parcels of land here, one is Dr. Farrell's office and we have the approved plan signed by the chairman of the Planning Board in August of 1990. This points out that the building is a total of 5,132 square feet and that is broken down into medical, professional and business office. The other parcel includes the Stewart's Shops which has a liquor store rental on the end as well as the former Farmer in the Dell building which is 1,300 square feet. The applicant, Stewart's is coming to us asking to be able to utilize the store that was the former Farmer in the Dell for more than just a real estate office for offices that could be considered general office, professional and medical. Jennifer Howard, Stewart Shops stated she just wants to clarify that at the last meeting she felt the re-zoning was taken off the table in lieu of the neighbors concerns, and just address the text amendment allowing office. I would like re-iterate we want only office at this location. City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 3 of 8 Dr. Farrell, stated he just would like to keep what he has, to be grandfathered in. Clifford Van Wagner, Chairman stated your application is to simply be able to continue doing what you are doing right now. Namely having medical offices, professional offices but to have offices. Dr. Farrell has a set of signed plans that clearly show that in August of 1990 the Chairman of the Planning Board signed the plans. Dr. Farrell's medical office is there legally. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Clifford Van Wagner, Chairman stated Amy Durland asked if there was any unauthorized use there. Kate Maynard, Principal Planner stated the uses as classified on the approved site plan are pre-existing, non- conforming uses. They were allowed at that time under the B-2 zoning that was subsequently changed to a C-3. Offices were no longer allowed and that continued with the TRBD as discussed. The largest thing to consider is that yes, those uses can continue but would not be allowed to continue if they were discontinued and a conforming use took their place. A conforming use took the place of a non-conforming that would be the point under existing TRBD zoning that that would cease to be allowed to exist. Amy Durland stated what I just heard Dr. Farrell say is that he just wants to continue doing what he is doing which is what he can do now without this application. Dr. Farrell stated he was under the assumption that when they re-zoned it perhaps they disqualified him, and so that is why he joined this petition with Stewart's. It wasn't clear to me if grandfathering was intact. Amy Durland stated the fact that you continued that use means that you are grandfathered in. Clifford Van Wagner, Chairman stated the pre-existing non conforming use stays with the project. The use goes with the parcel not with you personally. That use will continue to be in effect if that use is not interrupted by a day plus one year. Clifford Van Wagner, Chairman stated we will open this application up to the audience. We are only speaking about these two parcels. No other buildings on Maple Avenue, or the vacant house fronting on Maple Avenue. Strictly the Stewart's Shops and Dr. Farrell's parcel. Is there anyone in the audience who would like to address the Board. Debbie Kwasniewski, 63 Gilbert Road. If it is only those two parcels instead of a text amendment to the zoning why are variances not allowed. Why not look at a text amendment. Clifford Van Wagner, Chairman stated a Use Variance would have to be applied for and that is different criteria that the applicant has decided not to attempt. There are a strict set of regulations to get a Use Variance from the Zoning Board. We have also reviewed a Text Amendment which also encompasses the Horseshoe Bar over on Gridley Street and a portion of South Broadway half-way to the Northway. We are looking at a way to see if we can make this work, and in effect make no changes to the area in Maple Dell. To have nothing different than exactly what is there now. That is the goal. We are trying to work with the neighbors. We have given this careful consideration and re-zoning this to the HGBD does not appear appropriate for these two districts. Amy Durland stated what is being considered is the text within the existing zone, the tourist related business zone is being proposed to be altered. If that is the case that would resolve the problem for the applicants in the Maple Dell area but it would also change that in the other areas in the City as well, that is what is on the table. Tracy Millis, 37 Maple Dell. As I stated at the last meeting and at the City Council meeting what the doctor is proposing is fine. We are all in agreement for a text amendment what we are worried about is what is the text City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 4 of 8 amendment is going to say. We are concerned with what Ms. Durland stated at the last meeting about what might happen if the zone is changed. Amy Durland stated she would like to clarify I remember what I stated and you are right I did raise some issues but that is when we had assumed that the change to the HGBD zone was still on the table, When I said things change, I know right now the applicants only want to do office uses but that could change it could be different owners, that was under the assumption that we were still discussing that change to a HGBD. Then it was clarified that it was no longer on the table. Barb Talerico, 79 Covell Avenue. I am really comfortable with what you are stating about the text amendment. No issue with that whatsoever. Clifford Van Wagner, Chairman stated I would like to state that again it appears that re-zoning these parcels to HGBD does not appear appropriate for those two parcels. It certainly is not in accordance with the Comp Plan and it would leave open consideration or concerns about more expansive or intensive uses. What we are hearing from the neighbors is that we are okay with what exists there now and if we can keep it that way it would be ok. Our goal is to recommend that a maximum limit on the uses on a parcel can prevent any overdevelopment or greater intensity than what is currently there. A way to do that is a Text Amendment. We have two parcels, Dr. Farrell's parcel which is approximately 5200 square feet and we shall put a limitation for business office, medical office or professional office. Those would be the three limitations. That same restriction would apply to the Stewart's parcel. This is in accordance with the Comp Plan because it is what exists there today. It has existed there for years. By doing that it would also allow the two other TRBD zones, one being where the Horseshoe Tavern is on Gridley as well as that portion of South Broadway being able to have general office, business office or professional office not to exceed 5200 square feet. That does not seem to be obtrusive. There are already significant office down the South Broadway corridor district. The offices which are larger than the 5200 square feet will be grandfathered in. Any new uses will be constrained by the 5200 square foot limitation. That is a direction I believe this Board should go in tonight. Clifford Van Wagner, Chairman asked if there were any questions or comments from the Board. Amy Durland stated we have discussed this before and I believe the Board is aware that I do not have any problem at all with what is being discussed in relation to the existing applicants and the neighborhood, because it is an existing use and seems to have been successful to the extent that the neighborhood is okay with it. What I am concerned about with text amendments and this has come up in the past in other contexts is that the other zones that are affected are also subject to these changes. Even though in a sense I can appreciate and recognize what you have suggested Cliff is an effort to constrain the uses to acceptable uses within the area and to minimize the area requirements which if it is going to happen that I completely agree with that. What I am concerned about ultimately is that the analysis is consistent with the Comp Plan and that by adding office and professional uses to those areas especially to that stretch of outer South Broadway that it will set up a conflict with what is essentially required in the Comp Plan. That is the analysis that I am focused on. Whether the Comp Plan would allow this. I am prepared to go into this and I can reference specific items in the Comp Plan which I think direct the offices, the professional offices to be in the commercial centers of the community. I understand the appeal of this to everyone involved it is certainly in the interest of the Board to come up with a solution. I do feel that the Comp Plan directs us to put this kind of use in the downtown and the special development areas. I do have some concerns. Clifford Van Wagner, Chairman stated at the City Council meeting and the Mayor and Commissioner Franck spoke readdress the South Broadway, so the timing of this request is perfect in that this can solve the problem at the table this evening and then further discussion about how South Broadway zoning needs to be changed because it is begging for that. That is why these two gentleman have brought that up on their agendas. City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 5 of 8 Amy Durland stated whether or not the zoning is going to change on South Broadway, based on what the City Council members have said is an open question. I was at the City Council meeting last night and based on what Commissioner Franck stated I am not at all sure that he is talking about zoning changes. He is I believe talking about a comprehensive review of a number of the factors that should be considered in trying to figure out how to address some of the problems in that area including various analyses and so I assume an environmental analysis, an economic analysis, probably looking at transportation impacts in that area, those are the kinds of things that I think should be done before entertaining a change in uses for that area. Again, this is not a comment about the resolution for the Maple Dell area I think it is an appropriate solution but unfortunately we can't carve it out and away from the other areas that are also subject to the same changes. Clifford Van Wagner, Chairman stated I am aware of that and I knew that going into this and I think the timing is perfect for this. Philip Klein stated I think in this day and age and the square foot limits that we imposed no one will go out and buy a piece of property and construct an office building that is 5200 square feet. It is just not economically feasible. The reason that we are able to solve this problem is because both of those structures are already there. We can adjust the language to fit what is already there rather than try to speculate on what someone what might want to build. The other thing with South Broadway is there is no sewer or city water, so that is another speed bump placed in front of a developer. Amy Durland stated I can understand trying to find a solution but I think this goes too far in making changes. I first would like to thank Kate for all the astounding amount of work she has pulled together. Information that we were able to use to try to figure this out. This is not the type of comprehensive type of analysis that I mean when I am talking about a comprehensive analysis to support this type of change. So, some items from the Comp Plan are the downtown is the key to the City's economic health. In the economic development section of the Comp Plan it indicates that clearly “the most important policy is to maintain downtown as the City's economic center.” “It is imperative to strengthen our successful, compact, and defined commercial and pedestrian center rather than to succumb to unbounded geographical expansion of the City's primary commercial area.” “At the same time there is significant need for additional, balanced and compatible development a balanced approach to encourage development in specific Special Development Areas that is complementary, rather than competitive with Downtown will strengthen the overall long-term economic stability of the City.” First identified economic development policy in the Comp Plan is to “maintain the downtown as the economic center of the community, including the primary retail and commercial center.” Second identified economic development policy in the Comp Plan is to “encourage new development in specifically identified Special Development Areas to complement, rather than duplicate, downtown.” “Preserve the City's open space resources by focusing development in selected areas this is referring to the Special Development Areas and limiting urban sprawl.” In the section on Open Spaces and Recreation the first identified goal is to promote concentrated, compact growth in the City while protecting and enhancing the rural quality of and access to the Country and maintaining a sharp edge between the two. The reason I am not going support this motion is to allow the expansion of the offices uses in the TRBD zone is because especially but not exclusively in the outer South Broadway area, this blurs the sharp edge between where we want to focus development which is downtown and the Special Development Areas and the outer area of the city. It would risk diverting uses that should be encouraged in our downtown and the Special Development Areas where we want to target office and retail development and which are development ready with existing space and infrastructure. I am not sure we should be allowing uses under the assumption that it is unlikely that they would be used. I focus on South Broadway because that this the area that would be the most affected by the proposed text amendment, it is about .7 miles long and because it is intended to stay rural in character. However, I do have concerns about the Nelson Avenue parcels as well. I would like to clarify this is not about density it is about use and use matters. While form based zoning is the basis of our Special Development Areas which resulted in the Transect zones in our zoning ordinance, use based zoning is still the dominent feature of our land use regulation outside of the transect zones. Our Comprehensive Plan's Development Plan and the zoning ordinance both identify this area of South Broadway as tourist related in nature. Those City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 6 of 8 commerical uses are intended to to be responsive to tourism. If there is a concern that the TRBD uses don't accurately reflect tourists' needs, we should not compound the problem by adding other clearly non-tourist related uses. The expansion of the uses should not be done outside of a more comprehensive analysis which includes an environmental analysis and other analyses as well with a focus on the community's overall goals. As much as I would like to support the applicant's interests, I cannot because I believe the proposed text amendment conflicts with the policies and practices reflected in the city's Comprehensive Plan and Zoning Ordinance. Simply stated, I don't believe we should be creating new uses that would compete with downtown and the other Special Development Areas where the Comp Plan requires us to direct commerical development, particularly on the basis of the application of two parcels on the other side of the city and where no comprehensive review has been done. Clifford Van Wagner, Chairman asked if there was any other comments from the audience. Bob Krony 20 Maple Dell. Questioned the Stewart's property, the amount of square footage and the amount allowed in the new text amendment. A traffic study needs to be done. Kate Maynard stated if the Board is considering the idea of a maximum limit for the uses one is to consider are you recommending, again, this would ultimately be the Council's legislative action, are you recommending it to be cumulative. Just to stress to make sure that those nuances are understood by the Council, medical, professional and business some assortment on the same parcel and that it does not exceed 5,200 square feet. Some examples of similar districts are NCUD1, NCUD2, NCUD3 which were discussed and that is a sense where it is also upon special use permit and site plan review. Something to consider is if you are looking at a limit are you looking to recommend that it be upon consideration of a special use permit up to that limit that could potentially also get the Board within the criteria of the Special Use Permit, the compatibility of the neighborhood, specific parking, specific circulation, criteria in their being able to look at that square footage as being proposed at that time and have that up to limit to investigate more thoroughly each proposal on a site specific level. I recommend within your recommendations if you are going this route really consider what you would recommend in how that use is permitted and what column it would really fit into in the use table. Clifford Van Wagner, Chairman stated it is his opinion to make an advisory opinion to the City Council that retracts our advisory opinion made at the last meeting to re-zone the area to HGBD because after further review and comments by people in the audience and our staff and the Board it does not really appear to be an appropriate solution for these two parcels. It appears that it could have a more major impact and not be in accordance with the Comprehensive Plan. So, my motion would be a positive advisory opinion to the City Council for a text amendment considering that commerical zoning is already in place and that for the application in front of us this evening that the applicant's have proposed nothing other than what they have there today and that this motion would just allow those uses to continue that we would request the City Council to consider a text amendment to include the words TRBD zoning to include professional office, business office and medical office. That they would be overall complementary and compatible with other currently permitted uses within the TRBD but also that they would be permitted upon special use permit and site plan review by the Planning Board, so that any office or any application coming in front of us would have to have a special use permit granted by this board and then once that is granted that site plan review would be required and that the uses could not cumulatively on any given parcel exceed 5,200 square feet. Seconded by Howard Pinsley. Amy Durland stated I would like to have my comments also delivered as a minority comment to the City Council if that is acceptable to the rest of the Board. Kate Maynard, Principal Planner stated we could attach the minutes to the Advisory Opinion. City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 7 of 8 VOTE: Amy Durland, opposed, Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 5-1 Dr. Farrell made a statement regarding the notification of changes in the zoning to all residents of an area who are affected. APPROVAL OF MINUTES: Dan Gaba made a motion to accept the minutes of the January 25, 2012 with additions or corrections. Seconded by Mariesa Coppola. VOTE: Amy Durland, in favor; Philip Klein, in favor; Dan Gaba, in favor; Howard Pinsley, in favor; Mariesa Coppola, in favor; Clifford Van Wagner, Chairman, in favor; MOTION PASSES: 6-0 MOTION TO ADJOURN: There being no further business Clifford Van Wagner, Chairman adjourned the meeting at 8:15 P.M. Respectfully submitted, Diane M. Buzanowski Recording Secretary Approved: 3-14-12 City of Saratoga Springs Planning Board Minutes – February 8, 2012 - Page 8 of 8