[Adopted 11-3-2003 by L.L. 10-2003]
This local law shall be known and may be cited
as "Local Law No. 10 of 2003," providing for the creation of a planned
unit development district to be known as "Maxwell Drive South Mixed
Use Planned Development District."
Local Law No. 10 of 2003, entitled "Maxwell
Drive South Mixed Use Planned Development District," and further amending
Local Law No. 10 of 1996 of the Town of Clifton Park, entitled "Local
Law relating to the Zoning for the Town of Clifton Park and the Zoning
Map of Clifton Park," as set forth therein and made a part thereof,
be and the same is hereby amended, by changing from Highway Business
B-4 and Public/Institutional/Recreational PRI, constituting approximately
11+\- acres, as hereinafter described in Exhibit A,[1] attached hereto and made a part hereof, designating and
creating the boundaries of such newly described area as a planned
unit development district to be known as "Maxwell Drive South Mixed
Use Planned Development District."
[1]
Editor's Note: Exhibit A is on file in the
Town offices.
The area of said Maxwell Drive South Mixed Use
Planned Development District consists of approximately 11+\- acres
located to the west of lands of Clifton Country Road Associates, to
the south by Wall Street, and to the east by lands of Central School
District No. 2, Towns of Clifton Park, Halfmoon, Malta, Waterford,
Ballston and Stillwater, Saratoga County, and Capital District YMCA,
and bounded and described specifically on Exhibit B,[1] attached hereto and made a part hereof. Reference herein
to Wall Street is intended for general location purposes only and
is not intended to imply that all lands along Wall Street are within
the planned unit development district, the exact boundaries of which
are set forth in the attached Exhibits A and B, incorporated herein
by reference.
[1]
Editor's Note: Exhibit B is on file in the
Town offices.
A.
The development of the Maxwell Drive South Mixed Use
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. This sketch may be changed, altered or amended by approval
of the Planning Board.
B.
The Maxwell Drive South Mixed Use Planned Development
will consist of a two-hundred-unit senior citizen housing facility
of four stories with underground parking (the "Senior Facility");
and commercial development consistent with the uses permitted in the
B-4 Highway Business District on Parcel No. 2, not to exceed 94,000
square feet of building area in one or more buildings of three stories
or less, with underground parking.
C.
Parking setbacks and building setbacks will be as
displayed on Exhibit A. Building and parking area setbacks will be
as approved by an area variance issued by the Town of Clifton Park
Zoning Board of Appeals on September 18, 2001.
D.
Green space on Parcel No. 1 will be 41.8%. Green space
on Parcel No. 2 will be 38.6%.
E.
Thirty feet of existing right-of-way is reserved for
future road right-of-way.
G.
On-site directional signage shall identify individual
buildings as required. The size, height, lettering, style, illumination
and placement of all signs shall be in accordance with the Town's
signage and Zoning Code requirements.
A.
Housing in the senior facility shall be governed by
the provisions of the "Housing for Older Persons Act" and applicable
federal regulations (the "Act"), as such provisions may be modified
or amended from time to time. The owner of the senior facility shall
comply with the policies and procedures for the verification of occupancy
under the Act, as adopted by the Secretary of the United States Housing
and Urban Development from time to time.
B.
It is the intention of the owner of the senior facility
that the senior facility will be marketed for total occupancy by persons
55 years of age or older. At least 85% of the senior facility shall
be occupied by at least one person per unit who is 55 years of age
or older. It is the intention that the owner of the project will market
and operate the project for occupancy by senior citizens not desiring
to live in a full-service luxury senior housing project.
C.
The senior housing will be marketed to the public
and internally managed as housing for persons aged 55 or older.
D.
The complex will be managed such that the units will
be occupied by at least one tenant who is 55 years or older at the
time the tenancy begins. There will be three potential exceptions
to this rule. They are:
Water shall be provided by the Clifton Park
Water Authority. The sewer system is to be serviced through the Saratoga
County Sewer District No. 1.
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. When completed, these improvements
shall be certified as having been constructed in full compliance with
the New York State Uniform Fire Prevention and Building Code. The
engineer and/or architect performing the work herein described shall
be employed by and at the sole expense of the owner and/or developer.
All construction shall be subject to inspection and approval by the
appropriate officials of the Town of Clifton Park.
Prior to commencement of any phase of construction
within the planned unit development district, or prior to the issuance
of any building permit, final site plans and specifications shall
be submitted to the Planning Board for its review and approval in
accordance with the Town Code of the Town of Clifton Park.
Local Law No. 10 of 1996, entitled "Zoning Code
of the Town of Clifton Park," is hereby amended by providing that
said Maxwell Drive South Mixed Use Planned Unit Development District
be set forth on the Town Zoning Map.
