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Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[Adopted 3-10-2014 by L.L. No. 1-2014]
This local law shall be known and may be cited as "Local Law No. 1 of 2014 of the Town of Clifton Park, Entitled 'Local Law Relating to Zoning for the Town of Clifton Park,' Providing for the Reestablishment of Planned Development District No. 24, To Be Known as `Northcrest Park II.'"
Local Law No. 2-1967, entitled "Local Law Relating to Zoning for the Town of Clifton Park," and Local Law No. 8-1991, entitled "A Local Law Relating to Amending Local Law No. 3-1985, Relating to the Business Non-Retail District," and the Zoning Map of the Town of Clifton Park, as set forth therein and made a part thereof, shall be and the same hereby is amended by changing from Business Non-Retail BNR-2 a portion thereof, as hereinafter described, and creating within the boundaries of said newly described area a planned development district to be known as "Northcrest Park." This Article shall repeal and replace former Article XXI Northcrest Park adopted 5-16-1994 by L.L. No. 5-1994.
The area of said Northcrest Park II consists of 10.155 acres, is located in the center portion of the Town of Clifton Park, on the northerly side of Route 146 and is bounded and described as follows:
A. 
All that tract, piece or parcel of land situate in the Town of Clifton Park, Saratoga County, New York, lying northerly of New York State Route 146, easterly of Tallow Wood Drive and being more particularly bounded and described as follows: beginning at the point of intersection of the northerly margin of New York State Route 146 with the common division line between lands now or formerly of Vinciguerra on the east and lands now or formerly of Walter J. Socha on the west and running thence along the northerly margin of New York State Route 146 the following seven courses: north 68 degrees 49 minutes 00 seconds west 9.33 feet to a point; thence north 57 degrees 03 minutes 05 seconds west 73.90 feet to a point; thence north 83 degrees 05 minutes 20 seconds west 180.47 feet to a point; thence north 78 degrees 06 minutes 20 seconds west 120.72 feet to a point; thence north 84 degrees 10 minutes 10 seconds west 143.10 feet to a point; thence north 75 degrees 47 minutes 15 seconds west 43.11 feet to a point; thence north 72 degrees 25 minutes 25 seconds west 47.48 feet to a point of curve; thence northerly along a curve to the left of radius 50.00 feet a distance of 69.06 feet to a point of tangency, the chord for said curve being north 32 degrees 51 minutes 20 seconds west 63.70 feet; thence along the easterly margin of Tallow Wood Drive and along the existing Northcrest Village Planned Development District the following three courses: north 6 degrees 42 minutes 40 seconds east 302.76 feet to a point; thence north 11 degrees 42 minutes 40 seconds east 237.57 feet to a point of curve; thence northerly along a curve to the right of radius 558.02 feet, a distance of 222.26 feet to a point, the chord for said arc being north 23 degrees 07 minutes 20 seconds east 220.79 feet; thence along Northcrest Village Planned Development District the following two courses: south 55 degrees 28 minutes 00 seconds east 164.04 feet to a point; thence north 88 degrees 10 minutes 18 seconds east 300.00 feet to a point on the common division line between lands of Vinciguerra on the east and Socha on the west; thence along said common division line south 01 degrees 49 minutes 40 seconds east 836.50 feet to the point or place of beginning, containing about 10.155 acres of land.
B. 
The site consists of two (2) tax map parcels, 271.-3-9.212 and 271.-3-67.1. There are four buildings that currently exist at the site with addresses of 1 Tallow Wood Drive, located on tax map parcel 271.-3-9.212, 3 Tallow Wood Drive, 855 Route 146, and 853 Route 146, all located on tax map parcel 271.-3-67.1.
A. 
The development of the Northcrest Park II in its entirety has been presented and is described according to a site plan (the "site plan") filed with the Town Planning Board of the Town of Clifton Park, a copy of which is on file with the Town and incorporated into this article as an exhibit. This sketch may be changed, altered or amended by approval of the Planning Board.
B. 
As is more particularly described on the site plan, the area will consist of approximately 131,050 square feet of commercial floor area within four buildings (such space will consist of general nonretail business offices and medical offices). The existing buildings are situated on two separate parcels which, in total, occupy approximately 10.155 acres of land. Buildings and parking will be set in a campus-like arrangement complemented by aesthetically appealing landscape. The number of parking spaces for Northcrest Park II shall be between 500 and 550 spaces.
C. 
The words "general nonretail business offices" shall be limited to mean the following uses only:
(1) 
Buildings for broadcasting and telecasting.
(2) 
Computer and data processing.
(3) 
Laboratory.
(4) 
Office buildings for physicians, surgeons, lawyers, dentists, architects, professional land surveyors, certified public accountants, professional engineers, psychologists, chiropractors, landscape architects, optometrists, physical therapists, podiatrists, medical imaging and speech pathologists.
(5) 
Real estate offices.
(6) 
Insurance offices.
(7) 
Federal and municipal buildings.
(8) 
Telephone answering service.
(9) 
Financial services offices, including investment banking offices and loan production offices. However, the predominant use of such financial banking offices shall be limited to private banking or commercial loans, custom investments, financial planning and trust products. Traditional banking services such as the cashing of checks or the acceptance of checks shall be ancillary use only. In addition, drive-in teller services are strictly prohibited.
(10) 
General business offices, excluding, however, offices devoted to the on-site sale or rental or distribution of goods, wares or merchandise, either at retail or wholesale.
(11) 
Long-term residential care facility, including facilities providing room, board, housekeeping and supervision to persons who, by reason of physical or other limitation associated with aging, are unable or substantially unable to live independently, not to exceed 100 residents, each building used as a residential care facility, shall be used solely and completely for residential care and for no other permitted use.
(12) 
Day-care center.
D. 
Northcrest Park II consists of two separate parcels: a +/- 1.92 acre parcel identified in the Saratoga County Assessor's office as 271.-3-9.212 and a +/- 8.51 acre parcel identified in the Saratoga County Assessor's office as 271.-3-67.1. In order to further the connectivity between these two parcels and to allow for parking spaces and green space to be shared between all buildings in Northcrest Park II, there shall be a zero setback requirement as between the lot lines of parcels 271.-3-9.212 and 217.-3-67.1 There shall be a two-foot setback as to the southern edge of the parking lot that is adjacent to Route 146. There shall be an eighty-foot or one-hundred-thirty-foot from center line of Route 146 building setback. There shall be a ten-foot parking setback from Tallow Wood Drive and a sixty-foot building setback from Tallow Wood Drive. There shall be a ten-foot, or as it exists (edge of parking has not been survey located) parking setback from the site's northern boundary line and a twenty-foot, or as it exists (building has not been survey located) from the site's northern boundary line. There shall be a five-foot, or as it exists (edge of parking has not been survey located) parking setback from the site's eastern boundary line; a twenty-foot, or as it exists (building has not been survey located) building setback from the site's eastern boundary line; and a zero-foot pavement setback from the site's eastern boundary line to provide for the shared access drives existing between the site and the developed property to the east of the site.
E. 
1 Tallow Wood Drive will be improved with the addition of a +/-6,050 square foot addition along with an entrance canopy to be constructed on the south and eastern side of the existing building. In addition, 855 Route 146 will be improved with the addition of an entrance canopy to be located on the southwestern face of the existing building.
F. 
Water is currently supplied by the Clifton Park Water Authority.
G. 
Sanitary sewer is provided throughout the project site and connected to the Saratoga County Sewer District collection system.
H. 
Sidewalk improvements will be constructed along the property line adjacent to Route 146, with the buildings within the development connected to the sidewalk system, subject to the necessary approvals of the New York State Department of Transportation.
All signs existing within Northcrest Park prior to the effective date of this article shall remain authorized with respect to their size and location, except that the existing entrance sign located at the southwestern corner of the site shall be replaced with a monument-style, one-hundred-five-square-foot-per-side sign, and the existing entrance sign located at the southeastern corner of the site shall be replaced with a monument-style, one-hundred-thirty-square-foot-per-side sign. Additional wall-mounted, thirty-eight-square-foot, one-sided signs shall be located on the south facade of 1 Tallow Wood Drive, the east facade of 1 Tallow Wood Drive and the south facade of 855 Route 146. A one-hundred-square-foot, one-sided marquee sign shall be located along the pedestrian walkway which will connect 1 Tallow Wood Drive to 855 Route 146.
Before construction of any building in Northcrest Park II is started, or any building permit is issued relating thereto, final plans, specifications and proposed uses for each such building shall be submitted to the Town Planning Board for site plan review, and to the Building Department for review of compliance with relevant Building codes; upon approval by the Building Department and Planning Board, the final plans and specifications for Northcrest Park II or any section thereof or any building to be constructed thereon shall be filed with the Town Clerk and the County Clerk.
The number of medical offices and general nonretail business offices may be adjusted by the Planning Board through the site plan process where space and bulk standards are not increased. The final layout and design of all open areas, roadways and parking areas are subject to modification by the Town Planning Board when final plans and specifications are submitted.
For vehicular traffic purposes, there will be one point of ingress and egress to Route 146, and one point of ingress and egress on Tallow Wood Drive as shown on the preliminary planned development site plan of Northcrest Park II.
All improvements shall be subject to the direction and control of a duly licensed architect and/or engineer and constructed pursuant to plans and specifications approved by a duly licensed engineer and/or architect and in strict compliance with the New York State Building Code. When completed, these improvements shall be certified as having been constructed in full compliance with the New York State Building Code. The engineer and/or architect performing the work herein described shall be employed by and at the sole expense of the developer. All construction shall be subject to the inspection and approval of the Town Building Inspector.
This amending local law shall be automatically revoked and void, and the previous statutory regulations shall apply, under the following circumstances:
A. 
Commencement of the construction of the improvements described in this article have not begun within 18 months after this article is adopted; or
B. 
Substantial progress is not being made without undue interruption after construction has commenced.
Section 101 of said Local Law No. 2-1967, Zoning Map, as amended by that of Local Law No. 8-1991, is hereby amended by providing that said Northcrest Park II be identified on the Town-wide Zoning map as Planned Unit Development.