[HISTORY: Adopted by the Town Board of the Town of Colonie 3-23-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning and land use — See Ch. 190.
A.
The property, as described and/or depicted on Attachment 1,[1] has been a long vacant industrial property bisected by
the municipal borders of Town of Colonie and the City of Albany. The
property formerly housed Tobin's First Prize meat processing
and packaging facility, where meat packing activities were conducted,
and has been significantly deteriorating since its closure decades
ago. Several redevelopment opportunities have been explored over the
years with no tangible results. One of the primary reasons cited for
the lack of interest and or ability to redevelop the site is the uncertainty
that results from the property being located in two separate municipalities
and subject to two separate and complex land use approval processes.
[1]
Editor's Note: Said attachment is on file in the Town
offices.
B.
Consistent with their respective Comprehensive Plans, the Town Board
of the Town of Colonie and the Common Council of the City of Albany
each desire to facilitate redevelopment of this vacant and deteriorating
property. Redevelopment, through replanning, and demolition and reconstruction
where appropriate, will promote and encourage the elimination of blight
in this area and promote economic growth. Maximum flexibility for
future redevelopment is to be encouraged.
C.
City of Albany Comprehensive Plan § 3.1, which encourages
ways to make the City attractive for business development and appealing
to regional economic development practitioners, states:
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[C]reation of new zoning or overlay districts, density evaluation
and adjustment to bring about desired community vision, elimination
of existing zoning districts that are obsolete or ineffective, and
rezoning of areas of the City to existing or new districts. Form-based
codes should be considered. . . and [p]romote development patterns
that include walkable streets, compact, mixed-use development, public
spaces, and context sensitivity to historic design and development.
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D.
Town of Colonie Comprehensive Plan § 3.3 states:
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Many opportunities exist within the Town of Colonie to regenerate
and revitalize once vital industrial areas. Locations that are underutilized
or even unused today, such as the First Prize Center . . . could be
returned to productive use. Trying to recreate value in these areas
is consistent with the notion that the Town of Colonie cannot look
at its remaining undeveloped land for all or most of its future development
opportunities. The future revitalization of these areas should be
viewed as a critical economic development opportunity. . . Success
with this type of initiative will help the Town maintain its fiscal
balance, making it possible to fund necessary services and desired
quality of life improvements.
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E.
It is the purpose of this chapter to promote the health, safety,
convenience and general welfare of the residents of the City and the
Town by establishing a single intermunicipal zoning district applicable
to the covered area which promotes and encourages economic development
in both municipalities through an integrated mix of planned commercial
and residential uses designed and constructed using smart growth principles.
This intermunicipal zoning district encourages a mix of uses within
multiple-story buildings and structures, encourages a high density
of building structures and uses to create a village-like or urban
setting, promotes pedestrian and other nonvehicular access between
uses and provides sufficient separation and buffering from properties
neighboring the zoning district to protect the existing character
of existing land uses surrounding the district.
F.
This chapter is intended to promote intergovernmental cooperation
to increase coordination and effectiveness of comprehensive planning
and land use regulation, make more efficient use of infrastructure
and municipal revenues, as well as the enhanced protection of community
resources, especially where such resources span municipal boundaries.
G.
It is the intent of this chapter to create an intermunicipal overlay
zoning district, and a set of self-contained regulations to apply
to any future redevelopment that occurs within the zoning overlay
district. The City and the Town will accomplish this vision through
creation of the First Prize Redevelopment Overlay Zoning District.
H.
The requirements of this chapter are intended to be the only land
use requirements to apply within the zoning overlay district, except
as provided in this chapter, and such requirements shall supersede
any zoning requirements and other land use regulations that would
otherwise apply in the absence of this chapter. The provisions of
this chapter shall be broadly interpreted to promote the Town's
and the City's vision and goals as set forth herein, to ensure
orderly development and to satisfy the legislative intent of this
chapter.
I.
This chapter is adopted pursuant to, and in furtherance of, an intermunicipal
agreement between the City of Albany and Town of Colonie, executed
on the _____ day of _____, 2017 (the "Intermunicipal Agreement").
J.
This chapter may not be changed unilaterally by the Town of Colonie
or the City of Albany. Any modification of this chapter shall be subject
to Section 13 of the Intermunicipal Agreement.
A.
The Town Board and Common Council hereby create an intermunicipal
Zoning District entitled First Prize Center Redevelopment Overlay
Zoning District ("Redevelopment Overlay Zone" or "Site").
C.
The Town Board and the City Council hereby adopt a concept redevelopment
plan ("concept plan") for the Redevelopment Overlay Zone as contained
in Attachment 2[2] hereto. Such concept plan may be amended from time to
time as provided herein:
(1)
Subject to the limitations set forth in § 191-2C(2) below, the actual mix and location of uses and other features of the concept plan, including access drives, shall be proposed by the applicant in connection with each phase(s), subject to site plan review.
(2)
Establishment of uses other than those listed in § 191-4 or changes to the boundaries of the development envelope or the buffer area (except access drives approved as part of site plan review) shall not be permitted except by amendment to this chapter duly adopted by the Town and City.
(3)
Any changes made to the concept plan as provided herein, including
approved phase(s), shall become part of this chapter.
[2]
Editor's Note: Said attachment is on file in the Town
offices.
A.
These regulations shall apply to all or any redevelopment, construction,
erection, location or expansion of any use, including any building,
structure or appurtenant system, as herein provided for in the First
Prize Center Redevelopment Overlay Zone as shown on the concept plan
(hereinafter, all or any part of same, the "Project").
B.
No redevelopment shall be undertaken in the First Prize Center Redevelopment
Overlay Zone except in conformity this chapter, including the concept
plan. The concept plan may be constructed or otherwise undertaken
in one or more phases (hereinafter, "phase" or "phases"). This chapter
contains the only zoning or land use requirements applicable in the
First Prize Center Redevelopment Overlay Zone. No other zoning or
land use requirements or provisions of either the City or Town zoning
or land use requirements shall apply, including, but not limited to,
any such requirements relating to subdivision, demolition and outdoor
uses. In the event that the Town or City zoning and land use laws
contain a zoning requirement or provision not otherwise contained
in, or which is in conflict with, the First Prize Center Redevelopment
Overlay Zone, the requirements of this chapter shall govern.
C.
Permits and/or approvals required. No use may be established and
no development may be commenced without first obtaining site plan
approval or other required permits and/or approvals pursuant to the
requirements of the First Prize Center Redevelopment Overlay Zone
and the intermunicipal agreement, including, but not limited to compliance
with applicable SEQRA requirements, and grading and clearing permits.
A.
The principal uses shown on the concept plan, which are the same
as the principal uses listed in the Permitted Use Table below, shall
be permitted as of right in the First Prize Center Redevelopment Overlay
Zone. If a use is not listed in the Permitted Use Table, it shall
be prohibited. Multiple principal uses shall be permitted on a single
lot, or multiple lots, and may be bisected by the Town/City municipal
border.
B.
Permitted Use Table. The following uses are permitted:
(1)
Hotels.
(2)
Banquet centers.
(3)
Restaurants.
(4)
Retail.
(5)
Residential.
(6)
Theaters.
(7)
Health clubs/indoor recreation.
(8)
Entertainment.
(9)
Grocery stores/supermarkets.
(10)
Amphitheaters and parks/cultural entertainment facilities.
(11)
Offices.
(12)
Parking and multilevel parking structures.
(13)
Any other use proposed which the Consolidated Zoning Board determines
is consistent with and furthers the intent of this First Prize Center
Redevelopment Overlay Zone.
A.
The Project shall be constructed within the overall development envelope
shown on the concept plan ("development envelope"), and the remainder
of the site (except for access drives through such area to neighboring
public streets) shall be utilized as a buffer from surrounding properties
and uses ("buffer area"). Provided that the buffer area is maintained
as provided for herein, there shall be no yard setback requirements,
or building or structure coverage limitation; provided, however, that
in all areas of the First Prize Center Redevelopment Overlay Zone
where there is an internal roadway, a sidewalk meeting the requirements
of the Town must be constructed between such roadway and the ground
floor of such adjoining building or structure.
B.
Maximum building height: 185 feet.
C.
Parking.
(1)
Parking shall be provided in accordance with the applicable industry
standards and practices for mixed-use projects, taking into account
the use or uses proposed in connection with each phase. Such standards
shall include shared parking facilities.
(2)
The applicant shall demonstrate the fact that adequate and convenient
parking is being provided and accessible to the proposed uses in connection
with each phase.
(3)
The Consolidated Planning Board may waive the requirements and allow
the number of spaces deemed necessary, and their location relative
to the use in connection with each phase.
(4)
Parking may be provided for any use or uses on one or more lots within
the First Prize Center Redevelopment Overlay Zone.
A.
Application for site plan review. An application for site plan review
must be made to the Consolidated Planning Board on a prescribed Consolidated
Planning Board application form. Attached as Attachment 3[1] is the application form to be utilized. The application
form shall be presumed the minimum required information and documentation;
however, the Consolidated Planning Board may, at its discretion, require
the submission of such additional information as it deems necessary
to conduct its review, or waive information it determines is not needed.
The Consolidated Planning Board shall have the authority to modify
the application form in its discretion to further the purposes and
intent of this chapter.
[1]
Editor's Note: Said attachment is on file in the Town
offices.
B.
Site plan review standards and general criteria. The Consolidated
Planning Board shall review a site plan application in accordance
with the requirements below:
(1)
Conformance with the concept plan. The phase must substantially conform
with the concept plan.
(2)
Traffic access and roads. All proposed intersections with public
roads shall be adequate but not excessive in number; adequate in width,
paving, grade, alignment and visibility. Necessary traffic signalization,
signs, dividers and other safety controls, devices and facilities
shall be given proper consideration and duly provided wherever appropriate
or warranted.
(3)
Pedestrian safety and access. Safe, adequate and convenient pedestrian
access and circulation shall be provided both within the site and
to adjacent public roads.
(4)
Circulation and parking. Off-street parking shall be provided as set forth in § 191-5C. The interior circulation system shall be adequate to provide safe accessibility to, from and within all required parking areas. Parking on streets internal to the site shall be permitted, subject to Consolidated Planning Board approval. The location and design of loading spaces shall not unreasonably interfere with neighboring off-site uses.
(5)
Screening and landscaping. All structures and recreational, parking,
loading, public and other service areas shall be reasonably landscaped
and/or screened so as to provide adequate visual and noise buffers
from neighboring off-site uses. The scale and quality of the landscaping
and screening on site shall be harmonious with the character of the
neighborhood abutting the landscaped and/or screened area.
(6)
Drainage. A storm drainage system which demonstrates affirmative
compliance with the form, scope and substance of all applicable design
criteria shall be provided to accommodate expected loads from the
tributary watershed. Drainage shall be conducted to a point of adequate
and suitable disposal. Where appropriate, stormwater control shall
be provided so as to retain the same rate of off-site runoff as the
existing condition.
(7)
Water/sewer. Each phase shall be connected to the existing municipal
water and sewer systems currently serving the site. The applicant
shall be required to construct the on-site improvements necessary
to assure that such systems are able to satisfactorily accommodate
the use.
(8)
Lighting. All site lighting shall be designed and installed so as
not to unreasonably interfere with neighboring off-site uses properties.
(9)
Fire protection. All proposed structures, service areas, fire lanes,
water distribution lines, hydrants, equipment and material shall be
adequate and readily accessible for the protection of the proposed
uses from fire. Sufficient water supply for fire-fighting purposes
shall be provided.
(10)
Impact of the project on adjacent land uses. Adjacent and neighboring
off-site properties shall be protected against noise, glare, unsightliness
or other objectionable features. Where a proposed use is nonresidential
which would adjoin a residential area, the Planning Board shall minimize
the impact of the proposed use on such off-site residential properties.
(11)
Signage. Signage for the particular phase under review shall
be as provided herein.
(a)
Signage located on the south side of the Redevelopment Overlay
Zone and facing the highway (I-90) and/or Everett Road will be consistent
with existing other signage along I-90.
(b)
Signage that faces internally within the Redevelopment Overlay
Zone may differ from other areas of the site, as long as not visible
from properties to the north of the Redevelopment Overlay Zone.
(c)
Signage located on the north side of the Redevelopment Overlay
Zone and facing outward to Exchange Street will comply with the Town
of Colonie regulations pertaining to signage.
C.
Waivers. An applicant may request, in writing, a waiver or modification
of any of the site plan review standards herein. The Consolidated
Planning Board may waive or otherwise modify such standards, or requirements,
as the case may be, upon a finding that such action is appropriate
to further the spirit and intent of this chapter.
A.
The Consolidated ZBA shall have the powers set forth in the intermunicipal
agreement.
B.
To the extent that the powers set forth in such laws are capable
of differing interpretations, the Consolidated ZBA shall adopt and
follow the interpretation that most furthers the purposes and goals
of redeveloping the site into the project.
The provisions of this chapter shall be administered and enforced
as provided herein.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment that offers facilities, equipment and programs
for exercise, weight loss and/or body development provided that, in
order to be within the scope of this definition, any such use that
requires a license to operate must demonstrate that it has or is qualified
to obtain such a license. Food items may be offered. Outdoor athletic
courts and facilities are permitted and may be included with a health
club and/or indoor recreation use.
The vertical distance from the average ground level of the
foundation of the building or structure to the highest point of the
roof, unless otherwise specified herein, provided that chimneys, spires,
towers, elevators, penthouses, tanks, HVAC, and similar projections
shall be excluded from such calculation.
A building in which lodging is provided and offered to the
public, which is customarily open to transient guests, and which may
include ancillary facilities and services such as restaurants, meeting
rooms, entertainment, personal services, and recreational facilities.
A hotel unit may contain a kitchen for extended stay lodgings. Outdoor
athletic courts and other outdoor facilities are permitted and may
be included with a hotel use.
A structure used for parking or temporary storage of motor
vehicles on more than one floor.
Any building or part of a building where the principal use
is the operation of a business, administrative, governmental, public
utility, sales, professional, or other business or services.
The use of all or a portion of a building or structure arranged,
intended or designed to be occupied by three or more resident households
living independently of each other. An apartment building and multiple
or multifamily dwellings are the same type of structure. "Residential
use" shall include owner-occupancy or for rent.
A building or structure or portion thereof, arranged, intended
or designed for the preparation and service of meals at tables or
counters. A restaurant shall include banquet halls.
Establishments engaged in the sale of goods, merchandise
and services to the public and rendering services incidental to the
sale of such goods.
A building or space, or portion thereof, used for cultural
education and experiences, motion pictures, live productions, or other
entertainment, including, but not limited to, museums, art galleries,
aquariums, amphitheaters, theaters, cultural entertainment facilities
and performance halls.
