[Adopted 2-22-1993 by Ord. No. 1-1993[1]]
[1]
Editor's Note: This local law supersedes former
Article XXXIII, Epworth Manor, adopted 10-22-1991 by L.L. No. 17-1991.
[Amended 5-17-2010 by L.L. No. 5-2010]
This local law shall be known and may be cited
as "Local Law No. 1-1993 of the Town of Clifton Park, a Local Law
Amending Local Law No. 2-1967 and Local Law No. 17-1991 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 (PDD) To Be Known as 'PDD No. 35, Coburg Village.'"
[Amended 5-17-2010 by L.L. No. 5-2010]
Local Law No. 2-1967 of the Town of Clifton
Park, entitled "Local Law Relating to Zoning for the Town of Clifton
Park," and any and all prior amendments thereto affecting the subject
premises and the Zoning Map of the Town of Clifton Park, as set forth
therein and made a part thereof, are hereby amended by changing from
Rural Residence District R-R, Residence District R-1, Neighborhood
Business District B-1 and Land Conservation District L-C a portion
thereof, as hereinafter described, and creating within the boundaries
of said newly described area a planned development district to be
known and described as "Planned Development District No. 35, Coburg
Villiage."
[Amended 5-17-2010 by L.L. No. 5-2010]
The area of said Planned Development District
No. 35, Coburg Village, consists of approximately 44.4 acres of land
located southerly of Grooms Road and westerly of Vischer-Ferry Road
and located northerly of Grooms Road some 500± feet and west
of Vischer-Ferry Road and which is bounded and more particularly described
in Exhibit A,[1] attached hereto and made a part hereof. Said Planned Development
District No. 35 consists of three parcels as set forth on the attached
sketch as Parcels A, B and C, further identified as follows: Parcel
'A' being Tax Map 276.00-2-11 and 19.111; Parcels 'B' and 'C' as identified
on a subdivision map entitled "Subdivision of Lands of Ronald E. and
Priscilla J. Kellerhouse prepared for Wartburg Luthern Services, Inc.,"
by Gilbert VanGuilder and Associates; Parcel 'B' consisting of 26.437
acres and Parcel 'C' consisting of 8.294 acres. Parcel C is further
described on the attached conceptual site plan entitled "Coburg Village
PDD Amendment," prepared by the Environmental Design Partnership and
dated May 6, 2010.[2]
[Amended 5-17-2010 by L.L. No. 5-2010]
The area of said Planned Development District
No. 35, Coburg Village, labeled Parcels A, B and C shall be used solely
for senior citizen housing purposes to the extent set forth hereafter.
The following terms utilized throughout this
planned development district legislation shall have the following
meanings:
A single multiroomed building established and operated for
the purpose of providing long-term residential care, room, board,
housekeeping, personal care and supervision to five or more adults
unrelated to the operator, and as defined, regulated and licensed
pursuant to the New York State Social Services Law and the regulations
promulgated thereunder.
A single self-sustaining apartment unit which includes a
bathroom(s), bedroom(s), living area and kitchen area used solely
by an individual or individuals aged 62 or over, and his or her spouse,
regardless of age. The unit shall be connected to a number of like
units which are interconnected to a central core facility.
A single self-sustaining apartment unit, as said term is
defined in the Clifton Park Town Code, which includes a bathroom(s),
bedroom(s), living area and kitchen area used solely by an individual
or individuals aged 62 or over. The unit shall be connected to one
additional like unit in a single building.
A facility providing therein nursing care to sick, invalid,
disabled or convalescent persons, in addition to lodging and board
or health-related service, or any combination of the foregoing, as
the same is defined and regulated by Article 28 of the New York State
Public Health Law and the regulations promulgated thereunder.
A.
The property located within the forty-four-and-four-tenths-acre
rezoning shall be used for the following permitted uses:
(1)
Parcel A: An eighty-bed adult home and an eighty-bed
skilled nursing home.
[Amended 10-2-1995 by L.L. 10-1995]
(2)
Parcel B: Two hundred ten senior citizen apartment
units. The total number of units may be divided among a combination
of senior citizen congregate-care apartments and senior citizen independent
living apartments at the time of site plan approval.
(3)
Parcel C: Up to 78 independent living apartments
located in no more than three structures that are a maximum of three
stories in height. As to the structure known as the former Birch Tavern,
situated on Parcel C, only, uses permitted in a B-1 (Neighborhood
Business) District shall continue.
[Amended 5-17-2010 by L.L. No. 5-2010]
B.
No use variance or special use permit shall be authorized to vary any individual area use designation on Parcels A and B. The subject use limitations are intended to accomplish the development of an integrated senior citizen housing plan, and it is the Town Board's stated intention herein that a variation of this original intention from senior citizen housing to non-senior-citizen housing would be a deviation from the Board's overall plan and requires a super majority of four Town Board members to vary the allocable uses from those prescribed in Subsection A hereinabove.
[Amended 5-17-2010 by L.L. No. 5-2010]
Building permits within this planned development district (PDD) shall be issuable upon compliance with this legislation and upon obtainment of site plan approval from the Town of Clifton Park Planning Board in accordance with the Town Code of the Town of Clifton Park. The Planning Board shall not adjust the number of units allocable to any individual area prescribed in § A217-267 hereinabove, and any change thereto shall require approval of the Town Board.
This PDD, in addition to the requirements of
the Town Code of the Town of Clifton Park, shall be bound by the Conditioned
Negative Declaration adopted on July 31, 1989, the state environmental
quality review (SEQR) findings for the Vischer Ferry Road Corridor
study adopted July 8, 1991, and the recommendations of the Environmental
Conservation Commission (ECC) dated September 19, 1991, and further,
the Planning Board shall require, prior to site plan approval, each
of the following:
A.
The entrances to Coburg Village shall be from Grooms
and Vischer Ferry Roads at such points as determined by the Town Planning
Board and the County Planning Board.
[Amended 5-17-2010 by L.L. No. 5-2010]
B.
Entrance signs to the planned development district shall be permitted, subject to the requirements of Chapter 171, Signs, relating to size, illumination and location. The number of signs shall be as specified in the Chapter 171, Signs, for an apartment complex for Parcels A, B and C. The sign size area will be residential for Parcels A, B and C..
[Amended 5-17-2010 by L.L. No. 5-2010]
C.
Areas of nondisturbance of wetlands shall be depicted
on the site plan and the development of any area shall comply with
the Town Code of the Town of Clifton Park as the same pertains to
local wetlands and freshwater wetlands.
D.
There shall be a nondisturbance area depicted on the
site plan which shall prohibit disturbance during and post-construction
within the N-11 Department of Environmental Conservation (DEC) designated
wetland areas.
[Amended 5-17-2010 by L.L. No. 5-2010]
E.
There shall be a nondisturbance area depicted on the
site plan which shall prohibit disturbance during and post-construction
in and within 100 feet of the Mill Creek stream as identified by the
Town of Clifton Park Environmental Conservation Commission.
F.
There shall be a nondisturbance area depicted on the
site plan which shall prohibit disturbance during and post-construction
in and within 50 feet of the intermittent stream tributary of the
Mill Creek as identified by the Town's Environmental Conservation
Commission.
G.
The applicant shall contribute to and comply with
the Town's Capital Improvement Fund Local Law as the same is adopted
at the time of issuance of the final site plan or contribute improvements
in kind as determined by the Planning Board.
H.
The site plan shall reflect and depict any and all
local, state and federal wetlands, and no construction shall occur
within these areas.
I.
There shall be affirmative covenant agreements running with the land and to the Town as a party requiring that the uses shall comply with the use allocations at § A217-267A, and that no residential units shall be used for non-senior-citizen purposes.
J.
The site plan shall comply with the open space corridors,
greenbelt and bike path requirements consistent with the SEQR findings
of the Vischer Ferry Road Corridor study.
K.
A stormwater management plan shall be provided and
included in the site plan approval process which shall provide protection
to adjacent properties, existing drainage courses, aquifers and wetland
areas. Postdevelopment runoff shall not exceed predevelopment runoff
rates.
L.
There
shall be a ten-foot-wide asphalt multi-use trail constructed along
the west side of Vischer Ferry Road, approximately 300 feet long,
from the Grooms Road intersection to the existing carriage house driveway.
[Added 5-17-2010 by L.L. No. 5-2010]
M.
The
applicant shall provide to the Town of Clifton Park all necessary
easements along Vischer Ferry Road for the construction of future
multi-use trails by the Town.
[Added 5-17-2010 by L.L. No. 5-2010]
All building construction shall comply with
the New York State Uniform Fire Prevention and Building Code and all
other applicable regulations and shall further include the following:
A.
There shall be smoke zones throughout each unit of
the skilled nursing home to accommodate horizontal evacuation procedures.
B.
There shall be separate fire areas, each with exits
to the exterior of each fire area.
C.
Fire hydrants and fire flow shall be installed and
be in accordance with ISO requirements.
D.
The two accesses to the nursing home shall permit
access around the nursing home for emergency service vehicles.
E.
No building shall exceed three stories or 45 feet
to the peak in height.
[Amended 5-17-2010 by L.L. No. 5-2010]
F.
The architecture style shall be colonial rendering
as submitted by the applicant.
G.
Site
lighting shall be installed using full-cutoff luminaries that provide
minimal light spillage beyond the existing property lines.
[Added 5-17-2010 by L.L. No. 5-2010]
[Amended 5-17-2010 by L.L. No. 5-2010]
All development within the planned development
district shall be served by water provided through the Clifton Park
Water Authority, and construction thereof shall meet the standards
adopted by the Water Authority. The developer shall transfer the water
distribution system and all necessary easements to the Water Authority
prior to obtaining a certificate of occupancy. The sewer system shall
be interconnected to the Saratoga County Sewer District. A portion
of the existing Saratoga County sewer piping shall be relocated around
the proposed building addition on Parcel C.
A.
All improvements shall be designed and constructed
pursuant to plans and specifications approved by a duly licensed architect
and/or engineer and in strict compliance with the New York State Uniform
Fire Prevention and Building Code. All construction shall be performed
subject to the direction and control of a duly licensed architect
and/or engineer and, when completed, shall be certified as having
been constructed in full compliance with the New York State Uniform
Fire Prevention and Building Code. The plans and specifications shall
be approved by the Town Planning Board, and such plans shall be filed
in the office of the Town Clerk. The architect and/or engineer performing
the work herein shall be employed by and at the sole expense of the
developer. Additionally, and in accordance with the Town Law, all
construction shall be subject to the inspection and approval of the
Town Department of Building and Development.
B.
No more than 230 parking spaces shall be permitted
on Parcel C.
[Amended 5-17-2010 by L.L. No. 5-2010]
C.
Building setbacks for Parcel C shall be as follows:
(1)
Twenty-five feet from the property line on Grooms
Road.
D.
Accessory building setbacks for Parcel C shall be
as follows:
[Amended 5-17-2010 by L.L. No. 5-2010]
E.
The setback for garage buildings on Parcel B shall
be as follows:
[Added 10-2-1995 by L.L. 10-1995; amended 5-17-2010 by L.L. No. 5-2010]
