[Adopted 6-16-1997 by L.L. 4-1997; amended in its entirety 3-18-2019 by L.L. No. 3-2019]
This local law shall be known and may be cited
as, "Local Law Amending Local Law No. 10-1996, as amended by Local
Law No. 11-1996 of the Town of Clifton Park entitled "Local Law Relating
to Zoning for the Town of Clifton Park" Providing for the Creation
of a Planned Development District to be known as Planned Development
District, Emma Lane of Clifton Park."
Local Law No. 10-1996 as amended by Local Law
No. 11-1996 of the Town of Clifton Park entitled, "Local Law Relating
to Zoning for the Town of Clifton Park" and further amending Local
Law No. 11-1996 of the Town of Clifton Park entitled "A Local Law
Relating to Zoning in the Town of Clifton Park and the Zoning Map
of the Town of Clifton Park," as set forth therein and made a part
thereof, be and the same hereby is amended by changing from B-1, a
portion thereof constituting approximately 15.10 acres, as hereinafter
described in Exhibit A attached hereto and made a part hereof, and
creating within the boundaries of said newly described area a planned
development district to be known and described as "Planned Development
District, Emma Lane Planned Development District."
The area of said Planned Development District
(PDD), Emma Lane, consists of approximately 15.10 acres of land located
northerly of New York State 146, southerly of Robinwood Estates, westerly
of Northcrest Subdivision and Northcrest Drive and easterly of Bruno
Road and is bounded and described in Exhibit A attached hereto and
made a part hereof.
A.
The development of the Emma Lane Planned Development
District has been presented and is described according to a sketch
plan filed with the Town Planning Board of the Town of Clifton Park
(hereinafter, the "Planning Board") and attached hereto as Exhibit
B. The exact location of the improvements shown on the sketch plan
may be modified, altered or amended during the site plan review by
the Planning Board.
B.
Lands set forth in Exhibit B, attached hereto and
made a part hereof shall be developed in the following manner:
(1)
Division of the 15.10 acre parcel into four
uses, with approximate sizes of 5.5 acres for Area A; 7.15 acres for
Area B; 1.55 acres for Area C and 0.9 acres for Area D.
(2)
Area A so created shall consist of a one-story
adult-care home specializing in the care of seniors with Alzheimer's
or other short-term memory loss located on approximately 5.5 acres
of the site. The design of the adult-care home shall consist of an
approximately forty-thousand-square-feet single-story building, together
with parking for 40 +/- cars.
(3)
Area B so created shall consist of one-story
office buildings, each of which not exceeding 4,800 square feet in
floor area with a total of 28,800 square feet of office land use,
in six buildings, on approximately 7.15 acres, together with an average
of one parking space for each 225 square foot of floor area.
(4)
Area C so created shall consist of 24 garden
style apartments in two two-story buildings of approximately 15,000
square feet each on the approximately one-and-one-half-acre site,
together with parking, providing no fewer than 1.5 vehicles per dwelling
unit. The apartments shall be designed to accommodate the needs of
seniors.
(5)
Area D, consisting of approximately 0.9 acre
of land, is the site of an existing single-family detached home with
a minor residential driveway curb cut on New York State Route 146
and existing vegetation and lawn area, which will remain largely undisturbed.
Area D may be developed in the future consistent with current B-1
uses. The historic appearance of residence shall be maintained.
C.
Two paved entrance driveways from New York State Route
146, at locations that are to be determined by the Planning Board,
subject to the requirements and review of New York State Department
of Transportation, shall be constructed and serve to accommodate traffic
flow through and to Areas A, B, C and D. The existing driveway for
Area D will be eliminated when the second new curb cut is installed
onto Route 146. The driveway entrances will be constructed in accordance
with New York State Department of Transportation Curb Cut Requirements.
The on-site access roads and parking lots will be designed and constructed
in accordance with standard private roadway and emergency vehicle
circulation criteria. To the extent that common areas are created,
easements for cross access and maintenance shall be entered into by
the parties of Areas A, B, C and D, their heirs, successors and assigns.
There will be no access provided from Robinwood.
D.
A one-hundred-fifty-five-foot building line setback
from the centerline of New York State Route 146, in which there will
be no building or parking, shall be complied with for all new construction.
The north and east perimeter of the 15.10 acre area shall have a one-hundred-foot
building and parking setback, and the west perimeter of the area shall
have a twenty-five-foot building and parking setback. Buildings within
the Planned Unit Development District will have minimum internal property
line setbacks of 10 feet. Parking on Parcel A shall be allowed within
the front yard setback along Route 146 as indicated on Exhibit B.
The building on Parcel A shall have a setback of 130 feet from the
center line of Route 146.
E.
Site development.
(1)
Existing vegetation along the property lines
and within the buffers shall be preserved and enhanced as deemed appropriate
by the Planning Board during site plan review to maintain visual character
and reduce impacts to adjoining lands. Additional buffering shall
be constructed and maintained to minimize the visual impact to adjoining
lands as required by the Planning Board. This buffer may include fencing,
berming, vegetation or a combination thereof to extent necessary to
minimize any visual impact upon the surrounding neighborhood. The
quality and density of buffering for subsequent phases shall be consistent
with or superior to that of approved Parcel A.
(2)
A lighting plan shall be submitted for an area
of the PDD at the time it is submitted to the Planning Board. The
lighting plan shall detail the height, style, location and wattage
of the proposed fixtures as well as the proposed illumination pattern.
Ambient lighting as it affects adjacent residences shall be mitigated
during site plan review.
(3)
A walkway will be constructed around the perimeter
of the thirty-thousand-square-foot adult-care facility within the
one-hundred-foot-buffer. Visual impacts to adjoining properties will
be mitigated during site plan review.
(4)
Noise from emergency generators shall be buffered
with fencing and/or vegetation and evidence of sound mitigation submitted
during site plan review.
F.
The construction of lands set forth in Exhibit B shall
be a phased construction. The initial phase of development shall commence
within 12 months of completion of all necessary governmental approvals
for the proposed adult home therefor, including subdivision approval
to create a separate parcel in Area A as shown in the application
of the PDD, and it shall consist of the construction of the approximately
forty-thousand-square-foot one-story adult home specializing in the
care of seniors, 40 +/- parking spaces, a portion of the easterly
most access driveway from Route 146, sanitary sewer and water services,
a stormwater management area, landscaping and signage. Subsequent
phases of development shall be allowed to proceed upon obtaining site
plan and subdivision approval on an area-by-area basis as the market
demand occurs for the respective uses. The parking and utility infrastructure
shall be constructed as required for the associated use and square
footage of building space.
G.
Architectural character; signage; subdivision of lands.
(1)
Architectural character of all buildings within
the PDD shall be consistent with that of the existing single-family
residence to provide a unified appearance for the entire PDD. The
existing residence in Area D may be eligible for inclusion as a Town,
state or national historic landmark and the exterior shall be preserved
to the greatest extent practicable. Artificial illumination affecting
adjacent neighborhoods will be minimized to the extent possible.
(2)
The site identification signage for the project
will be located along the New York State Route 146 corridor area at
the entrance driveways. On-site directional signage shall identify
individual building locations as required. The size, height, lettering
style, illumination and placement of all signs will be in accordance
with current Town signage and zoning code requirements.[1]
(3)
Lands set forth in Exhibit A shall be subdivided
to create lots of which all will have privately owned and maintained
buildings, grounds and utility infrastructure.
H.
Parking shall be provided pursuant to the requirements
of the Planning Board during site plan review as per the Town Code
of the Town of Clifton Park.
I.
In accordance with the normal practices of the Planning
Board, the Planning Board shall consider the input of residents from
adjacent neighborhoods regarding the site plan review for each phase.
All landowners within 500 feet of the PDD boundary shall be notified
for each phase of subdivision approval and site plan review in lieu
of Local Law Nos. 4 and 5 of 1990.
A.
Water will be supplied through the Clifton Park Water
District No. 1 and serviced by the Clifton Park Water Authority. The
water service extension shall be completed in accordance with the
Town of Clifton Park Water Authority and New York State Department
of Health standards. If requested, the developer shall transfer the
water distribution system to the Water Authority, at no cost. The
sewer system shall be interconnected to the Saratoga County Sewer
District.
B.
Sanitary waste disposal to service improvements on
lands set forth in Exhibit A shall be provided through a connection
to the Saratoga County Sewer. Gravity or pressure sewer connection
may be utilized. All sanitary waste disposal facilities will be designed
and constructed in accordance with New York State Department of Health,
New York State Department of Environmental Conservation and Saratoga
County Sewer District standards. The design alternative and location
will be finalized prior to detailed site plan review and approvals
for the adult home.
Before construction of any particular phase
of lands of Emma Lane PDD as set further in Exhibit B herein is started
or any building permit is issued relating thereto, with respect to
any such phase final plans and specifications shall be submitted to
and approved by the Town Planning Board and filed with the Town Clerk.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in full compliance with the New York State Uniform
Fire Prevention and Building Code and the Code of the Town of Clifton
Park. The plans and specifications shall be approved by the Planning
Board, and following such approval by the Town Planning Board such
plans shall be filed in accordance with law. The architect and/or
engineer performing the work herein shall be employed by and at the
sole expense of the developer. All construction performance thereon
and upon completion shall be subject to the inspection and approval
of the Town Building Inspector.