[Adopted 2-11-2008 by L.L. 1-2008]
This article shall be known and may be cited as "Local Law No. 1 of 2008," providing for the creation of a planned unit development district to be known as "Conifer Village Senior Housing Planned Development District."
Local Law No. 1 of 2008, entitled "Conifer Village Senior Housing 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 Corporate Commerce Zone, constituting approximately 23± acres, as hereinafter described in Exhibit A, 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 "Conifer Village Senior Housing Planned Development District."
Editor's Note: Exhibit A is on file in the Town offices.
The area of said Conifer Village Senior Housing Planned Development District consists of approximately 23.42± acres located at the southeasterly intersection of New York State Route 146 and Waite Road, and bounded and described specifically on Exhibit B, attached hereto and made a part hereof. The properties that are to be subject of this Conifer Village Senior Housing Planned Development District consist of 2007 Tax Map Parcel Nos. 270.00-1-23.1 and 270.00-1-22 (the "Property").
Editor's Note: Exhibit B is on file in the Town offices.
The development of the Conifer Village Senior Housing 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, attached hereto as Exhibit A. This sketch may be changed, altered or amended by approval of the Planning Board.
The Conifer Village Senior Housing Planned Development District will consist of up to a seventy-unit senior citizen housing facility of three stories, with associated 90 parking spaces and other amenities (the "senior facility"); not to exceed square feet of building area in a single building of three stories.
Parking setbacks and building setbacks will be as displayed on Exhibit B.
Green space/open space within the district will be approximately 75%.
Parking areas shall be provided at all times and shall be not less than a parking ratio of not less than one space per approved residential unit in the senior facility.
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.
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 State Housing and Urban Development from time to time.
Consistent with the Act, the entire senior facility will be marketed for occupancy by persons 55 years of age or older. At least 80% 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.
The senior housing will be marketed to the public and internally managed as housing for persons aged 55 or older.
The complex will be managed such that 80% of 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:
The senior housing shall be operated in accordance with the requirements of the certain regulatory agreement imposed by the New York State Division of Housing and Community Renewal who may award certain tax credits for the senior housing (the "tax credits"). In connection with the tax credits, for a period of 50 years, at least 80% of the units in the senior facility shall be rented to residents whose incomes do not exceed 60% of area median income, as defined by the U.S. Department of Housing and Urban Development regulations and pronouncements, as may be changed from time to time (the "regulations"), and up to 20% of the units shall be rented to residents whose incomes do not exceed 90% of the area median income as defined under the regulations (collectively, the "income restrictions"). In the event that the tax credits issued for the senior facility require income and occupancy other than the income restrictions, then the income restrictions set forth herein shall be deemed to have been automatically revised in accordance with the requirements for the tax credits.
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, utilizing the Corporate Commerce Water District and the Corporate Commerce Sewer District.
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 Conifer Village Senior Housing Planned 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 Conifer Village Senior Housing Planned Development District be set forth on the Town Zoning Map.
Editor's Note: The Zoning Map is on file in the Town offices.
This Conifer Village Senior Housing Planned Development District shall have an approval until February 11, 2010, and will be vested at the time that the DHCR issues tax credit for the construction of senior housing on the property.
Notwithstanding § A217-384, above, this amendment shall be deemed automatically revoked and void and the previous regulations shall apply if DHCR tax credits are not obtained allowing the project to go forward as planned, and within 36 months from the effective date of this article, commencement of the construction of dwelling units has not begun or, if after construction has begun, unless substantial progress continues without undue interruption thereafter. For proper cause shown, the Town Board may, under such terms and conditions as it deems proper, waive the requirement that substantial progress continue without undue interruption.