[Adopted 2-16-1989 by Ord. No. 1-1989;
amended in its entirety 10-7-2021 by L.L. No. 1-2021]
This ordinance shall be known as "Turning Point Planned Development"
and amends the Town of Stillwater Zoning Ordinance, enacted September
30, 1974, as amended, and the Zoning Map of the Town of Stillwater.
A.Â
The Zoning Ordinance and Zoning Map of the Town of Stillwater are
hereby amended by changing the "Subject Premises" hereinafter described
from its existing zoned district designation of "R-1" Residential
District and "ID" Industrial District to a Planned Development District-Residential
to be known as "Turning Point Planned Development District"; and
B.Â
The Zoning Ordinance and Zoning Map of the Town of Stillwater for
the "Turning Point Planned Development District" as most recently
amended by the Stillwater Town Board on March 15, 2018, are hereby
further amended by the provisions set forth herein.
A.Â
The area of the "Turning Point Planned Development District" consists
of 136.24 acres located along Saratoga Route 75 and Stillwater Avenue
in the Town of Stillwater, New York. The subject premises are designated
on the Tax Map of the Town of Stillwater as:
Section 252.00, Block 02, Lot 31
Section 262.00, Block 01, Lot 12
Section 261.02, Block 01, Lot 09
Section 262.00, Block 01, Lot 13
Section 261.02, Block 01, Lot 10
B.Â
The additional 16.77 acres being added to the Turning Point, formerly
referred to as the "Abele Parcel," is designated as Phase 4(A) of
the project. The developer will be required to comply with all applicable
Town laws, rules and regulations. The application by the developer
to the Planning Board for subdivision approval shall include a street
and road configuration that provides for traffic flow that does not
adversely affect the surrounding area.
The purpose of this ordinance is to establish the parameters
and limits of residential and commercial growth on the subject premises
currently part of the property known as "Turning Point." It is the
further purpose of this ordinance to promote flexibility in the development
and design of the subject premises by creating a single-family townhouse-cluster
type of residential and multifamily apartment development that will
result in subsequent phases, and further provided that the Town Board
finds that the developer has completed Phase III(A) as provided above
so as to entitle the developer to proceed with the multifamily apartment
development in accord with this ordinance as amended.
There shall be constructed within the boundaries of the "Turning
Point Planned Development District" (hereinafter referred to as the
"development") in the first four phases of the development 187 single-family
homes and 10 townhomes for a maximum of 197 dwelling units (reduced
from the originally approved 250 units), and the area previously approved
for commercial development shall include no more than 144 multifamily
apartment units.
A.Â
The interior roads within the development shall be 24 feet in width
and shall be physically constructed in accordance with the regulations
and specifications of the current standards for the Town of Stillwater.
All the interior roads within the development shall be dedicated to
the Town of Stillwater.
B.Â
In order to upgrade the quality of Sirchia Road to adequately serve
the increased traffic resulting from the new homes being constructed
in the Turning Point Development, the Town of Stillwater shall rebuild
the subbase of Sirchia Road from County Road No. 75 to the street
to be known as Cannon Court, and the developer shall pay for the cost
of materials for applying a three-and-one-half-inch blacktop surface
on the rebuilt road. The width of the new pavement shall be 20 feet,
and the maximum cost for which the developer shall be liable is $15,000.
The Town of Stillwater shall place the $15,000 sum paid by the developer
in an escrow savings account in the name of the Town of Stillwater,
and any interest earned on the account shall be the property of the
Town of Stillwater. The $15,000 sum shall be delivered to the Town
of Stillwater within 60 days after this ordinance is published and
posted in accordance with the Town Law. Any monies collected by the
Town of Stillwater from other developers who construct dwellings on
Sirchia Road shall be prorated among the Turning Point developers
and such other developers on the basis of the number of houses built
by each developer divided by the total number of houses built by all
the developers.
A.Â
The entire development shall be serviced by on-site municipal sewer
service, to wit, the Saratoga County Sewer District No. 1, and all
sewer hookups to the said municipal sewer system shall be in accordance
with the specifications of the Town of Stillwater and the Saratoga
County Sewer District No. 1. The Multifamily Apartment Unit Phase
of the development will connect to the existing sanitary system along
Brickyard Road which is serviced by the Riverside 2 Pump Station (a.k.a.
Mulberry Street Pump Station).
B.Â
The water system serving the development shall be private and shall
be constructed by the developer and owned, operated and maintained
by the developers of "Turning Point," in accordance with the rules,
regulations, standards, and specifications of the New York State Department
of Health and the New York State Department of Environmental Conservation.
C.Â
The storm drainage system serving the development shall be constructed
by the developer and dedicated to the Town of Stillwater as a part
of the overall roadway in accordance with the standards and specifications
of the Town of Stillwater. As appropriate, a Drainage District will
be established for the ongoing operation and maintenance expenses
associated with the drainage system.
D.Â
The developer shall upgrade the Mulberry Street Pump Station to provide
the additional capacity required to process the sewage from the Turning
Point Planned Development District Phases I through IV. The upgrading
of the Mulberry Street Station must be completed before any building
permits are issued for construction of dwellings in Phases III and
IV.
The "Turning Point Planned Development District" shall be developed
by the developer, its successors or assigns, in phases as shown on
the revised townhouse plan made by Brewer Engineering dated December
21, 1992, and the Subdivision Map Revised Phase III revised by Brewer
Engineering dated April 1, 1993, and depending on the demand of the
area for additional housing units. Phase I will be developed first
and Phase III immediately thereafter in alphabetical order commencing
with Subphase "A" (and possibly I and III A contemporaneously), and
in additional phases as approved by the Town Board and Planning Board.
A.Â
Site plan approval for each development phase as required by Section
15.4 of the Town of Stillwater Zoning Ordinance shall be valid for
a period of two years from the granting of such site plan approval.
Upon the granting of site plan approval for each phase of development,
building permits shall be issued for that said phase.
B.Â
The developer, its successors or assigns, may, upon notice to and
approval by the Town of Stillwater Planning Board, alter or modify
or change the number of types of dwelling units to be constructed
within a particular phase of the development; provided, however, that
such alteration, modification or change does not result in any increased
density in the total number of allowable dwelling units, to wit: 187
single-family residences, 10 townhome units and 144 multifamily apartment
units within the entire development. At the site plan review, the
Planning Board shall establish the standards, conditions and details
for the park within the complex.
C.Â
The planned development district zoning change for the "Turning Point
Planned Development District" project shall expire as to a development
phase and all subsequent development phases if any said development
phase is not completed within two years of the granting of the site
plan approval for each said phase of the development, provided, however,
as to the multifamily apartment development, the zoning change shall
expire two years from the date this ordinance is last amended if site
plan approval has not been granted for the multifamily apartment development.
The developer of the multifamily apartments in Phase IV will comply
with the changes, comments and recommendations contained within the
Town Engineer's review letter by Paul Male, P.E., dated January 11,
2018, a copy of which is attached hereto and made a part hereof.
D.Â
A public benefit fee of $500 shall be paid for each dwelling unit
within an apartment building prior to the issuance of the certificate
of occupancy for each respective building. The developer shall further
be responsible for all construction, maintenance and upkeep of the
boulevard area at the entrance to multifamily apartment development
within the PDD, and for construction and maintenance of the trail
running from Artillery Approach to the private drive in the multifamily
apartment as generally shown on the concept plan for the development
prepared by Lansing Engineering dated January 8, 2018.
A.Â
The area and bulk regulations for the single-family and townhouse residential units in the development will comply with all standards as required in Section 15.8 "Planned Development-Residential Standards," and the multifamily apartment development will comply with § 210-16, General requirements; Section 15.8 was part of the prior version and § 210-16 is a portion of the current version of the Town of Stillwater Zoning Ordinance. In addition, the multifamily apartment development shall not exceed 144 units and shall comply with any site plan approval granted with respect to such development.
B.Â
Phase IV of the Turning Point Planned Development, specifically for
the apartment complex project, shall have a range of buffers within
between 20 feet and 100 feet. The minimum buffer from the apartment
complex building to the property line shall be 20 feet. The minimum
buffer for the project shall be outlined on the final site plans approved
by the Town of Stillwater Planning Board.
C.Â
In Phase IV of the Turning Point Planned Development, specifically
for the apartment complex project, two parking spaces are required
per each apartment unit (288 parking spaces). Ten parking spaces are
provided inside each building footprint consisting of six internal
and four external spaces for a total of 120 parking spaces. (One hundred
sixty-eight additional exterior parking spaces are included on the
site plan, thus providing the two spaces per apartment unit requirement.)
The total number of parking spaces will be 318 spaces.
D.Â
As an alternative to the parking provision in § 211-39B above, the developer, at his sole discretion, may comply with the parking requirements for the multifamily apartments contemplated by this amendment by providing a minimum of three surface parking spaces for every two apartments (the minimum parking requirement) and a maximum of 20% of surface parking spaces over and above the minimum parking requirement.
A.Â
Street lighting shall be placed along the roadways, sidewalks, and
parking lots. The street lighting intervals shall be coordinated with
the Town of Stillwater Planning Board during the site plan review
phase.
B.Â
Street landscaping shall be designed and placed at proper intervals
so as to not affect the mobility of the pedestrians and motorists,
and to not affect the aesthetics of the roadway layout. Additional
trees and landscaping shall be placed throughout the apartment complex
project in proper locations to enhance the project area. Trees and
landscaping shall conform to Town of Stillwater standards and shall
be approved by the Town of Stillwater Planning Board.
Copies of the final approved site plan for each phase of the
development shall be filed with the Planning Board, the Town Clerk
and the Enforcement Officer of the Town of Stillwater.
Each separate provision or section of this ordinance shall be
deemed independent of all other provisions or sections herein, and
if any provision or section shall be deemed or declared invalid, all
other provisions or sections hereof shall remain valid and enforceable.
This ordinance shall take effect 10 days after publication thereof
in accordance with § 265 of the Town Law.
The Town Board may, upon the request of the then owners of the
site, modify any of the provisions of this local law upon such terms
as the Town Board shall determine to be reasonable. The Town Board
may also extend the time period provided for in this ordinance within
such additional period as the Town Board may subsequently provide
without a further public hearing, commencement of the construction
of the Turning Point Development District has not begun, or if, after
construction has begun, substantial progress, weather permitting,
is not continued without interruption.
Prior to issuing building permits for each phase, the developer
will execute a construction escrow agreement with the Town and will
be responsible for the construction inspections for engineers for
the Town for the infrastructure improvements, including roads and
utilities, that are to be dedicated to the Town. All roads will be
built and maintained to Town standards.
The developer will be required to complete the drainage work
on Lots 5 and 7 in Phase II so as to tie those lots into the Town
stormwater management area prior to the issuance of any certificate
of occupancy for any of the new buildings in Phase III(A).
The developer will be required to supply to the Town for all
infrastructure to be dedicated to the Town, upon completion thereof,
a maintenance bond or letter of credit for one year or until 75% of
those lots developed in each phase, whichever is greater in an amount
to be determined by developer's engineer and to be approved by Clough,
Harbour & Associates, engineers for the Town. The bond or letter
of credit is to be provided as security for the benefit of the Town
to insure all work is completed in accordance with the approved plans.
All construction traffic for the phases of Turning Point Development
will use Brickyard Road for access, and no construction traffic shall
exit over any of the other roads being developed by Turning Point
or in any predecessor phase of Turning Point. Prior to construction
in Phase III, access to Battery Boulevard via Revere Run and Powder
Horn Pass will be restricted to the satisfaction of the Town Engineer
and Code Enforcement Officer.
A.Â
The developer shall opt into the Town's Water District No. 3 to provide
municipal water to Phase 3, Phase 4 and Phase 4(A) of the project.
However, before the developer connects Phase 3, Phase 4 and Phase
4(A) to Water District No. 3, and before any additional building permits
are issued, the developer shall first obtain New York State Health
Department approval to connect to Water District No. 3. The developer
shall also provide the Town with as-built drawings for all water system
infrastructure within the existing Phase 3, with associated no-cost
conveyance documents for the infrastructure. Further, the developer
shall obtain approval from the Town regarding how the current Phase
3 water system is to be disconnected from the Camfield/Purcell water
system. The developer will then connect to the Town's water system,
at no cost to the Town, and, thereafter, shall convey all such infrastructure
to the Town, at no cost. The Town shall also release the bond posted
by the developer, in the amount of $149,040, for the cost of constructing
a new water tank. The Town shall also waive the requirement to construct
a water tank upon the completion of the 61st lot.
B.Â
Specifically with respect to Phase IV of the project, for the apartment
complex, it is noted that construction is underway for connection
of the Town of Stillwater Consolidated Water District #6 to the Saratoga
County Water Authority water supply. Based on conversations with Town
officials, this connection will be in service by the end of 2017.
This connection will provide the additional supply required to service
the proposed apartment complex development. The proposed water main
within the apartment complex development will connect to the water
main lines at Artillery Approach and Brickyard Road. The proposed
water main system will establish a loop through the apartment complex
development. The primary water service will be provided by the Artillery
Approach connection. A PRV valve will be installed at the Brickyard
Road connection and will be established as the secondary water service.
The PRV valve will be installed such that water can be drawn from
the Brickyard Road connection if necessary. The water line layout
shall be designed to the Town of Stillwater Consolidated Water District
standards and shall be approved by the Town of Stillwater Planning
Board.
The front yard setback on lots 60 through 67 located along Cavalry
Course, and on lots 81 through 100 located along Liberty Loop, shall
be 15 feet from the Town's roadside right-of-way. A copy of the final
approved survey map is annexed hereto and made a part of this local
law.
A.Â
An accessory structure is defined as a building subordinate and clearly
incidental to the principal building(s) on the same lot and used for
a purpose customarily incidental to those of the principal building(s).
Examples of accessory structures include, but are not limited to,
garden sheds, play houses, shop buildings, wooden and metal sheds,
noncommercial greenhouses, pools, pool houses, gazebos, antenna and
satellite dishes, chicken coops, dog houses, portable canopies and
shelters and solar/heating/ventilation/utility equipment as well as
structures in a multifamily apartment development that include some
or all of the following accessory uses: management functions or activity
functions solely for the residents of the building. Accessory uses
specifically include, without limitation, i) management offices, ii)
rental offices, iii) maintenance, janitorial and storage rooms, iv)
utility rooms, v) laundry rooms, vi) community rooms for use by tenants,
vii) a clubhouse, viii) workout rooms for use by tenants, and ix)
activity rooms for use by tenants.
B.Â
All accessory structures in all phases will require a building permit.
C.Â
For single-family lots there shall be a maximum of two accessory
structures on a lot. The accessory structures must be located in the
side or rear yards; they are not allowed in the front yard. The maximum
height of an accessory structure is 15 feet. The maximum area of an
accessory structure is 144 square feet and the minimum side yard and
rear yard setback is 5 feet. The minimum distance between an accessory
structure and any other structure shall be 10 feet.
D.Â
For multifamily apartment developments, there shall be a maximum
of three accessory structures of which one structure shall be a maximum
of 3,000 square feet and the remaining two structures shall each be
a maximum of 750 square feet. The structures are permitted in front,
side or rear yards and shall be set back 10 feet from the property
line. The maximum height of the structures shall be 25 feet. Separation
distances from an accessory structure and any other structure shall
be five feet.
E.Â
With respect to Phase IV of the Turning Point Planned Development,
specifically for the apartment complex, enclosed dumpsters shall be
placed at strategic locations throughout the apartment complex development.
Waste shall be hauled away by a licensed waste management company.
The required dumpster enclosures shall be designed per Town of Stillwater
standards and approved by the Town of Stillwater Planning Board.
F.Â
All existing accessory structures will be grandfathered and not be
subject to this section.
